From Empire to Community
In: Internasjonal politikk, Band 65, Heft 1, S. 125-128
ISSN: 0020-577X
In: Internasjonal politikk, Band 65, Heft 1, S. 125-128
ISSN: 0020-577X
In: Arctic review on law and politics, Band 11, S. 19-21
ISSN: 2387-4562
On 23 January 2020, the Supreme Court of Sweden delivered an historic verdict in favour of the Girjas sameby in a lawsuit against the Swedish State over a long-standing dispute over the right to administer hunting and fishing rights in the Girjas land management area. Rooted in Sámi customary law, ILO Convention 169 and the UN Declaration of Indigenous Peoples, the verdict is a milestone in the development of Sámi law in Sweden. It may also have an impact on the other Nordic countries, in particular Norway.
In: Nordisk kulturpolitisk tidskrift: The Nordic journal of cultural policy, Band 15, Heft 2, S. 253-283
ISSN: 2000-8325
In: Arctic review on law and politics, Band 12, S. 56-79
ISSN: 2387-4562
For the first time in the Swedish Supreme Court, a small Sami reindeer herding community has won an important victory affirming the community's small game hunting and fishing rights. Because of protracted use and the concept of immemorial prescription, the Court recognised the community's exclusive hunting and fishing rights, including the right to lease these rights to others. Such leases have long been prohibited by legislation and the State has retained its powers to administer such leases. This case signifies a considerable development in the area of Sami law. In its decision, the Supreme Court made some adjustments to the age-old doctrine of immemorial prescription, and provided insights into how historic evidence should be evaluated when the claimant is an Indigenous people. A common motivator for these adjustments is an enhanced awareness of international standards protecting Indigenous peoples and minorities. Even ILO Convention No. 169 – the only legally binding convention concerning Indigenous rights, but which Sweden has not yet ratified – is relevant when it comes to evaluating Sami customary uses. The Court addressed the problem of gaps in the historical material and used evidence from other parts of Swedish Lapland and adjacent time-periods, making reasonable assumptions to fill in these gaps. The Court imposes on the State the burden of proof regarding the extinguishment of already established Sami rights, as well as proof that extinguishment by legislation or expropriation, is "clear and definitive". These conditions were not met in this case.
In: Tidsskrift for velferdsforskning, Band 25, Heft 4, S. 1-19
ISSN: 2464-3076
In: NUPI-rapport 178
In: FAFO-rapport nr. 134