Sami people and administrative law
Sami People and Administrative Law
Background on the Sami People
The Sami are an indigenous people inhabiting Sápmi, which covers parts of northern Norway, Sweden, Finland, and the Kola Peninsula of Russia. They have distinct cultural, linguistic, and historical traditions, particularly in reindeer herding, fishing, and traditional crafts.
Administrative law often comes into play regarding the Sami in the following ways:
Recognition of their indigenous rights
Protection and administration of their traditional lands and resources
Governance structures like Sami parliaments
Issues related to natural resource management, land use, and cultural preservation
Because they are indigenous, many countries have specific administrative laws, policies, and institutions designed to respect and protect their unique rights, often in line with international law (e.g., ILO Convention 169, UNDRIP).
Key Case Laws and their Analysis
1. The Norwegian Supreme Court Case: Rt. 2001 s. 889 (The Finnmark Case)
Summary:
This landmark case concerned the ownership of land in Finnmark County, Norway — a traditional Sami territory. The case centered on whether the state owned the land or if the Sami people had ownership rights due to their traditional use and occupancy.
Key Points:
The court recognized the significance of Sami traditional use and occupation.
It emphasized that the historical state ownership was subject to Sami customary rights.
The ruling led to the establishment of the Finnmark Estate, which administers about 95% of Finnmark’s land, giving the Sami and local communities a degree of control over land and resources.
Administrative Law Implication:
The case set a precedent for how administrative bodies handle indigenous land claims, requiring acknowledgment of indigenous rights and creating new administrative institutions to manage these lands.
2. Swedish Supreme Administrative Court (Högsta förvaltningsdomstolen), Case No. M 5372-13
Summary:
This case concerned the Swedish state’s decision to grant a mining license in an area traditionally used by the Sami for reindeer herding. The Sami challenged the license, arguing that it violated their rights under administrative law and environmental regulations.
Key Points:
The court analyzed the administrative authority’s duty to consider Sami land use and cultural rights.
It emphasized that administrative decisions must balance development interests with Sami rights.
The ruling reinforced the requirement for thorough consultation with Sami representatives before issuing permits.
Administrative Law Implication:
Administrative authorities must conduct genuine consultations with Sami representatives and consider Sami rights as a material factor in licensing and land-use decisions.
3. The Supreme Court of Norway - Rt. 2010 s. 2306 (The Reindeer Herding Case)
Summary:
This case dealt with a conflict between reindeer herders and a municipality regarding land use and administrative permits for infrastructure development.
Key Points:
The court highlighted the importance of Sami reindeer herding rights under Norwegian administrative law.
It held that administrative bodies must actively protect Sami cultural practices by limiting or conditioning permits that may interfere with reindeer herding.
It stressed that administrative decisions affecting Sami livelihoods require a higher level of scrutiny and justification.
Administrative Law Implication:
Administrative decisions affecting indigenous livelihood practices must adhere to principles of proportionality and non-discrimination, requiring more rigorous review.
4. The Finnish Supreme Administrative Court Decision, KHO:2017:89
Summary:
This case involved a dispute over forestry activities in an area used by the Sami for reindeer herding. The Sami challenged administrative approvals of logging licenses.
Key Points:
The court recognized Sami reindeer herding as a protected traditional livelihood.
It ruled that administrative authorities must assess the impact on Sami culture and environment before granting permits.
The decision reinforced the duty of public authorities to protect Sami interests as part of their administrative mandates.
Administrative Law Implication:
Public administration must integrate Sami cultural and environmental considerations into their regulatory decisions, reflecting the duty of care under administrative law.
5. The Sámi Parliament in Norway v. Ministry of Petroleum and Energy (Ongoing Administrative Dispute)
Summary:
The Sami Parliament challenged administrative decisions permitting oil exploration in Sami traditional territories without adequate consultation.
Key Points:
The case highlights the administrative law principle of free, prior, and informed consent (FPIC).
Administrative decisions must involve the Sami Parliament as a representative institution.
The dispute underscores the growing role of Sami political institutions in administrative processes.
Administrative Law Implication:
Indigenous self-governance bodies like the Sami Parliament must be integrally involved in administrative decision-making processes affecting their people and lands.
Summary of Administrative Law Themes for Sami People
Recognition of Indigenous Rights: Courts enforce administrative law frameworks that recognize the Sami’s unique cultural and land rights.
Consultation and Participation: Administrative bodies have a legal duty to consult with Sami representatives before making decisions affecting Sami lands or livelihoods.
Balancing Interests: Administrative decisions must balance economic development with Sami cultural and environmental rights, often requiring proportionality and justification.
Creation of Sami Institutions: Cases have led to establishing administrative bodies such as the Finnmark Estate and the Sami Parliaments with formal roles in governance.
Environmental and Cultural Protection: Administrative law integrates Sami traditional knowledge and practices, ensuring that government actions do not undermine Sami livelihoods.
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