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This paper aims to analyze the fishing rights of the Sea Sami (Coastal Sami) based on international law, particularly with respect to differing views in the recommendations of the Coastal Fishing Commission 2008, and in the Government bill 2012. The main point of international law discussed is the protection of the culture laid down in UN Covenant on Civil and Political Rights article 27. There is agreement to a large extent regarding the interpretation of this article. The paper intends to delimit the area of opposing arguments in order to define any future legal battleground. The author finds that the Government bill is unsatisfactory with regard to its legal reasoning. This international law issue has, in his opinion, such wide cultural implications that the discussion ought to continue.Keywords: Fishing rights, Sea Sami culture, Coastal Fishing Commission, Government bill 2012, UN Covenant on Civil and Political Rights article 27.Citation: Arctic Review on Law and Politics, vol. 5, 1/2014 pp. 4–10. ISSN 1891-6252

This paper aims to analyze the fishing rights of the Sea Sami (Coastal Sami) based on international law, particularly with respect to differing views in the recommendations of the Coastal Fishing Commission 2008, and in the Government bill 2012. The main point of international law discussed is the protection of the culture laid down in UN Covenant on Civil and Political Rights article 27. There is agreement to a large extent regarding the interpretation of this article. The paper intends to delimit the area of opposing arguments in order to define any future legal battleground. The author finds that the Government bill is unsatisfactory with regard to its legal reasoning. This international law issue has, in his opinion, such wide cultural implications that the discussion ought to continue.Keywords: Fishing rights, Sea Sami culture, Coastal Fishing Commission, Government bill 2012, UN Covenant on Civil and Political Rights article 27.Citation: Arctic Review on Law and Politics, vol. 5, 1/2014 pp. 4–10. ISSN 1891-6252

The rights to marine fishing outside Finnmark in North Norway Fishing in the ocean outside Finnmark – particularly in the fiords and coastal waters – has through centuries been a basis for the coastal Sami ("Sea sami") villages and culture. These Sami are part of the Sami people who are the indigenous people of Norway. The resource situation in the ocean fisheries has in the last decades necessitated regulations with special permissions and quotas. This article discusses whether the coastal Sami in Finnmark – the most Northern county of Norway – has a right to fishing based on international law and irrespective of the national regulations. The discussion deals with the report of 2008 from the coastal fisheries commission that presented draft legislation prescribing extended quota rights for people living along the coast of Finnmark. Moreover, people living in the fiords should have a priority right for fishing in their fiord. A main point is also whether the non-Sami inhabitants of Finnmark shall benefit from the indigenous right to fishing which is answered positively. The draft furthermore proposes establishing a county authority with special fisheries powers. The last part of the article is a discussion with the Attorney General who has criticized the use of international law in the commission report. The author of the article chaired the commission and had the main responsibility for the international law part.Keywords: Fishing rights, Sami rights, indigenous law, county authority, Attorney GeneralCitation: Arctic Review on Law and Politics, vol. 1, 1/2010 p. 4–27. ISSN 1891-6252

The rights to marine fishing outside Finnmark in North Norway Fishing in the ocean outside Finnmark – particularly in the fiords and coastal waters – has through centuries been a basis for the coastal Sami ("Sea sami") villages and culture. These Sami are part of the Sami people who are the indigenous people of Norway. The resource situation in the ocean fisheries has in the last decades necessitated regulations with special permissions and quotas. This article discusses whether the coastal Sami in Finnmark – the most Northern county of Norway – has a right to fishing based on international law and irrespective of the national regulations. The discussion deals with the report of 2008 from the coastal fisheries commission that presented draft legislation prescribing extended quota rights for people living along the coast of Finnmark. Moreover, people living in the fiords should have a priority right for fishing in their fiord. A main point is also whether the non-Sami inhabitants of Finnmark shall benefit from the indigenous right to fishing which is answered positively. The draft furthermore proposes establishing a county authority with special fisheries powers. The last part of the article is a discussion with the Attorney General who has criticized the use of international law in the commission report. The author of the article chaired the commission and had the main responsibility for the international law part.Keywords: Fishing rights, Sami rights, indigenous law, county authority, Attorney GeneralCitation: Arctic Review on Law and Politics, vol. 1, 1/2010 p. 4–27. ISSN 1891-6252

At its eighth session, in May 2009, the Permanent Forum appointed Carsten Smith and Michael Dodson, members of the Permanent Forum, as special rapporteurs to prepare a study on indigenous fishing rights in the seas, and requested that the report be submitted to the Permanent Forum at its ninth session, in April 2010. The study includes an analysis of the potential protection of indigenous fishing rights in the seas provided by the existing international framework, including the United Nations Declaration on the Rights of Indigenous Peoples, article 27 of the International Covenant on Civil and Political Rights, International Labour Organization Convention No. 169 and Apirana Mahuika et al. versus New Zealand. Case studies from Australia and Norway, with reference to conventions and States in those two respective regions (vis. Papua New Guinea in relation to the Torres Strait Treaty; Sweden and Finland in relation to the Nordic Saami Convention), are presented to enable comparison between these States and with international law.