The term "Sápmi" is used by the Sami people to describe themselves. The word can be found in all Sami dialects and can have various meanings: the geographical area of Samiland, the Sami people, a single Sami person, the Sami language. The Sami (also spelt Sámi or Saami) are an indigenous people forming an ethnic minority in Finland, Sweden, Norway and the Russian Federation.[1]
Already the ancient Romans were aware that Samiland existed. The earliest record of the people called Sami can be found in the book Germania of the Roman historian Tacitus (56-117 A.D.). He wrote about a people who lived on the eastern side of the Baltic sea, east of the Wizla mouth. Ptolemy of Alexandria (90-168 A.D.) in his book Geographia differenciates between two types of Phinnoi people: one settled by the Wizla mouth and the other in the northern part of Scandia. The names "Lappland" and "Lapp" appeared in literature only at the end of the 12[th] century, when Saxo Grammaticus (1150-1220) wrote about "utraque Lappia", meaning "both Laplands".[2]
The Sami core area, traditionally called Lapland or Sápmi, streches from the east coast of the Kola peninsula in Russia, across the coastal and inland regions of northern and central Norway, through the inland region of Sweden into the northernmost parts of Finland.[3] The Sami have lived within this large area for thousands of years. The first contacts with the Scandinavians were set up approximately more than one thousand years ago. The migration of Scandinavians into Sápmi had a significant impact on Sami culture, economies and settlement patterns. Nowadays the Sami constitute a minority in almost every municipalities. However, there are some exeptions. In Norway, there are only a few municipalities where they compose a majority, for example Kautokeino and Karasjok. In Finland there is one Sami majority municipality, Utsjoki. In Sweden the largest Sami group lives in Kiruna, composing 10% of the total population. Despite these demographic figures seem to be relatively low, the northernmost territories of Norway, Finland and Sweden are considered as the core area of Sápmi.
The number and geographical distribution of the Sami are difficult to estimate. According to conservative valuations, more than half of the Sami, approximately 35.000 live in Norway, 17.000 in Sweden, 6.000 in Finland and 2.000 in Russia. In Norway, a Sami language administrative area was established along with the passing of the Norwegian National Sami Act in 1987. The area consists of six municipalities: Karasjok, Kautokeino, Nesseby, Porsanger, Tana and Kåfjord. In the middle of the 20[th] century, a population study estimated that in Sweden 60% of the Sami lived in the area of their traditional settlement. Most of the Sami of Sweden live in the northern parts of Kiruna, Gällivare, Jokkmokk and Arvidsjaur. In Finland, a Sami census carried out in 1962 made it possible to estimate the number of the Finnish Sami more accurately. According to the census of 1970, the great majority of the Sami lived in their traditional settlement area. This situation has not changed significantly so far, as more than 90% of the Finnish Sami live in the municipalities of Utsjoki, Enontekiö, Inari and Sodankylä. The Sami are the western of all indigenous minorities of the Russian Far North. The vast majority of the Russian Sami live on the Kola Peninsula in the Murmansk region of the Russian Federation. Lovozero can be considered as the Russian Sami population center, since approximately 900 Sami live there.[4]
The Sami have their own language, Sami. It is a Finno-Ugric language and is most closely related to Balto-Finnic languages, such as Finnish and Estonian. Pursuant to a widely accepted theory, both Sami and the Balto-Finnic languages were derived from Early Proto-Finnic, a common proto language spoken by groups of people living to the south and east of the Gulf of Finland about 3.000 years ago. Around 1000 B.C., Proto-Sami and Middle Proto-Finnic developed from this proto language. After 800 A.D., Proto-Sami developed into general dialects. The three main dialects are East Sami, Central Sami and South Sami. Generally, these main dialects are subdivided into nine language varieties. Within South Sami, there are South Sami and Ume Sami; in the dialect of Central Sami we can differenciate between Pite Sami, Lule Sami, North Sami; and in east Sami there are Inari Sami, Skolt Sami, Kildin Sami and Ter Sami. Although the syntactic structures are mainly the same, varieties differ in phonology and morphology, not to mention the lexical variations. The three main dialects are mutually unintelligible. Nevertheless, in most of the cases speakers of varieties close to each other do not have difficulties in their communication.[5]
The most commonly used division of the Sami is their division by occupation. These appellations are often used in historical texts. The Reindeer Sami (in North Sami boazosapmelaą or badjeolmmoą) are
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previously nomadic Sami living as reindeer herders. Nowadays most of them have a permanent residence in the Sami core areas. Approximately 10% of Sami practise reindeer herding, which is seen as a fundamental part of Sami culture and in some parts of Nordic countries can only be practised by Samis. The Sea Sami (in North Sami mearasapmelaą) traditionally lived off fishing and small scale farming. Today the expression is often used for all Sami from the coast regardless of their occupation. Non-reindeer Sami are non-nomadic Sami not living by the sea (in North Sami dalon). It is now probably the largest group of Sami. The Sami who do not move up to the mountains in the summer are called Forest Sami.[6] The Mountain Sami hunted and kept larger numbers of tame reindeer. During the summer, they moved to the coastal territories with their reindeer.[7]
Between 1751 and 1852, the position of the Sami in relation to states changed drastically. In 1751, the Strömstad Border Treaty was concluded between Sweden and Norway, concerning taxation of Sami practising reindeer nomadism. According to the Treaty, they would no longer be taxed by both countries, they would only have to pay taxes to one country even though they made their livelihood in both. The most important part of the Treaty was the Appendix, also known as the "Lapp Codicil". It contained the special rights of the Sami. The main principle of the Treaty was "the conservation of the Lappish nation" (den lappiske nationens konservation in Norwegian), namely the preservation of the Sami people. The most important article was the one concerning the Sami's right to move freely across the borders. It guaranteed the right to the Sami to move in their traditional way, taking no count of the borders and also confirmed their rights to hunt and move reindeer herds. It strengthened the rights of the Sami of Sweden to fish freely on the Norwegian coast. The treaty also stated that wars must not cause any changes in the situation of the Sami, therefore they are always to be regarded and treated as their own subjects, no matter on which side of the border they are. This provision, as it was interpreted to mean that the Sami could not be conscripted, confirmed the traditional Sami right to be freed from military service. The disadvantage of the agreement was that it did not follow the traditional siida (the traditional local Sami community[8]) boundaries, splitting them is some cases. Although some traditional Sami rights were confirmed, no new rights were granted. The Sami had to choose a citizenship which had serious effects on their land ownership. Nevertheless, taking into account its importance, the Appendix of the Strömstad Treaty is often called as the "Sami Magna Carta".
The situation of the Sami changed dramatically in the 1800s, when their homeland, Sápmi was split into four parts by the national borders. In 1809, Finland became a part of the Russian Empire, which meant that the border between Finland and Sweden was more well-defined and the Sami siidas were attached to one or to the other of the states. In 1826, Njávdán, the only area jointly taxed by Russia and Norway became a part of Norway. These agreements, contrary to the Strömstad Treaty, prohibited the free crossing of the borders. Reindeer nomads were denied the right to cross the borders and Finnish residents were not allowed to fish in Norway. However, these restrictions were not yet enforced. The fact that Norway was trying to prohibit foreigners from fishing at the coast of the Arctic Ocean and Russia complaining about the nomads dwelling on the Finnish side finally led to the closure of the Norwegian - Finnish border by the Russian Tsar in 1852. Consequently, the Strömstad Border Treaty was no longer valid. In conjunction with the closing of the Finnish-Swedish border in 1889, this meant the destruction of reindeer nomadism.
The closures cut off traditional migration ways of the Reindeer Sami, what resulted in mass migrations. The situation was the worth in the tundra areas of Norway. In the first times, until the closing of the Finnish-Swedish border, Reindeer Sami moved to Sweden from where they were allowed to pasture the animals on the Finnish side as well. The situation was confused for a long time, Sami moved back and forth from one state to another. Many of them moved only on paper. Whole reindeer households were lost during the migration, and whole households were newly established. The large reindeer herds began to lessen. This situation finally effected that herding became a secondary livelihood of the Sami.[9]
Another crucial period for the Sami began in 1986. The Chernobyl disaster had especially heavy impact on the Sami homeland and has contaminated the food chain for years. This had serious effects on traditional means of livelihood.
Although the Sami historically were subject to pressures to assimilate, they were never systematically persecuted, killed or evicted by force from their lands - unlike other indigenous peoples. Moreover, there is no remarkable political or economic discrimination against them, apart from the stereotypes characterizing them as lazy and sloppy.[10]
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Like all societies, the Sami also have their own rules governing social life. The customary law of the Sami is traditionally oral. As customary law is closely connected to culture and everyday life, it is dynamic and flexible. Consequently, it is rather difficult to examine. In 1980, the Sami Rights Committee in Norway started to examine Sami customary rights. After many years of work, the Committee confessed that it had failed in its task in some respects. A subcommission of the Committee was given the task to investigate the customary law of the Sami. The sub-commission admitted that such a study would have been very time-consuming and also the local conditions should have been investigated, for what the legal experts appointed by the Committee did not have the competence, capacity or even the practical possibility. Thus, Sami customary law has not been properly investigated scientifically. However, states have made efforts to clarify the concept analitically by conducting research on customary law among the Sami.[11]
Although the Sami live in several countries, they consider themselves one people. The opening words of the Nordic Sami Political Program adopted in Tromsø were the followings: "We the Samis, are one people and the boundaries of the national states shall not separate us."[12]
In the 1950s and 1960s, Sami initiatives were getting stronger, especially in Sweden. In 1973, a Sami parliament was established in Finland. In Norway, public opinion about the Sami situation changed fundamentally in the 1980s, mostly due to a conflict over the Kautokeino-Alta River hydro-electric dam project (also known as the "Alta Dispute"), where a commission was appointed to review the Sami land claims. The commission concluded its first report with a proposal for a Sami parliament and constitutional protection of Sami culture. The chairman of the commission, Professor Carsten Smith summarized the arguments for the proposals by the following words: "...they [the Samis] are a people, with a people's special history, language, culture and visions of the future. The state of Norway was formed on the territory of not one, but two peoples: Norwegians and Sami." Later the Professor also stated that "the future of the Sami people depends on the Sami rights."[13]
In 1988, the Norwegian Parliament inserted a new section in the Norwegian Constitution: "It is the responsibility of the authorities of the State to create conditions enabling the Sami people to preserve and develop its language, culture and way of life."[14] In the same year, both Norway and Finland implemented a Language Act for the Sami language. Norway ratified Convention 169 of the International Labour Organization (ILO) concerning indigenous and tribal peoples, and as well adopted a broad interpretation of other international standards, such as Article 27 of the International Covenant on Civil and Political Rights: "In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language."[15] According to these standards, state authorities should not only enact legislation that forbids discrimination against minorities, but they as well have an obligation to take positive measures promoting the Sami to survive as a people.
The Sami were gaining official recognition step by step. Sweden and Finland did not ratify ILO Convention, however, the Finnish government declared that it intends to do so as soon as its legislation meets the standards of the Convention. Similar processes took place in Russia.[16]
The Sami Council (Sámiráddi, Sameradet, Saamelais-neuvosto) is one of the most significant organs of the Sami. It is an umbrella organisation for Sami organisations in Norway, Sweden, Finland and Russia. The task of the Council is to enhance the economic, social and cultural position of the Sami and to promote the affairs of the indigenous peoples of the world. The Council organises the Sami Conferences. The Sami Council was officially established on 18th August 1956, at the Second Sami Conference in Karasjok (Norway). In 1953, the organisations of the Society for the Promotion of Sami Culture in Finland, the Same Ätnam in Sweden and Oslo Sami Searvi cooperated to organise the first Sami Conference. At the Conference, a committee was appointed to draft a proposal for the establishment of a council to deal with Nordic Sami affairs. The Nordic Council, what had been established previously, was a suitable model for the Nordic Sami Council. The strategy of the Nordic Sami Council was to influence national governments through the Nordic Council in order to promote Sami affairs in the Nordic countries. The Nordic Council
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made a recommendation to the governments of the Nordic countries to initiate discussions aiming the creation of a common Sami policy. However, the results lagged behind the expectations.[17]
In the 1960s, a joint Nordic advisory body was founded to deal with questions concerning reindeer husbandry. This body later on continued to function as a cooperative organ between the national governments and the Sami Council. Although the members of the founding organisations, also known as the "Friends of the Sami", managed to arouse the interest of the state decision-makers in Sami affairs and the Nordic Sami Council, support from the Sami regions was weak. The reason was that the activities of the Samis' own organisations were still not coordinated. In Sweden and Norway local organisations united into national ones, but in Finland no analogous organisation was formed. However, the Sami Delegation was created and through the Delegation Finnish Sami were able to participate in joint Nordic activities. In the 1980s, the Russian Sami were invited to participate in the Nordic Sami Conference as observers. The Organisation of the Kola Sami was accepted as an official member of the Nordic Sami Council in the 1992 Sami Conference in Helsinki. Another Kola Sami organisation, the Social Organisation of Samis of the Region of Murmansk was also made a member of the Council. In the Helsinki Conference, the name of the Nordic Sami Council was changed to the Sami Council. Thereby the Council became an organisation uniting the Sami of all countries they live in.[18]
The members of the Council are appointed from the member organisations of the different countries. Norway has five members, Sweden and Finland four and Russia is represented by two members. Since the Sami Council was established, it has worked actively on the Sami acknowledgement and their treatment as one people. The Council aims to protect and develop the Sami's social, economic, linguistic and cultural rights as well as their right to a livelihood. The Sami rights to land and water and the resources in them have been issues with elemental importance. The present goals of the Council are formulated in the Sami Political Programme. Protection of Sami interests also requires international co-operation. Thus, the Sami Council has increasingly worked internationally. The Council became the member of the World Council of Indigenous Peoples in 1976. After that the Council has defined itself as a nongovernmental organisation (NGO), which focuses its activities on questions concerning the indigenous peoples of the world. In 1989, the Sami Council was given an advisory position, i.e. the status of an NGO, within the United Nations (UN). Consequently, it may participate in the meetings and processes of the UN relating to indigenous peoples. It is also represented in the UN Working Group on Indigenous Populations. Within this Working Group, it also assisted to draft the Declaration on the Rights of Indigenous Peoples. Moreover, the Sami Council coordinates several international development projects.[19]
The position of the Sami Council and the Sami Conference as the supreme decision-making organisation in Sami affairs changed after the establishment of the Sami Parliaments in Finland, Norway and Sweden. However, the Council still plays an important role as an international body for the Sami people and especially for the Sami people in Russia. The secretariat of the Sami Council is located in Utsjoki. Its activities are funded by the Nordic Council of Ministers. A Cultural Committee appointed by the Council gives annual grants for culture and arts. It also awards prizes for literature in Sami languages.[20]
The Sami Conference is the highest decision-making organ of the Sami Council. Initially, it was convoked in every three years (1953-1992) but since 1992, it convenes every four years. The Conference has a total of sixty-five delegates. The member organisations of the Sami Council in Norway, Finland and Sweden appoint twenty representatives each and the Sami of the Kola Peninsula delegate five people. Fifteen members are appointed to the Sami Council by the Conference, five from Norway, four from Finland and Sweden each and two from Russia.
The Conference deals with and makes decisions on proposals made by the Sami Council and as well approves reports. It has approved various policy agendas and several important national symbols, such as the Sami flag and the Sami national anthem.[21]
Three Sami National Assemblies were held between 1917 and 1921. The first Assembly was held in Trondheim (Norway) on 6 February 1917. The assembly of Samis from "every continent" was such a significant event in Sami history that later 6 February was officially made the Sami National Day by the Sami Conference. One of the leaders of the Assembly, Elsa Laula-Renberg opened the Assembly with the following words: "Today we are trying for the first time to bind the Samis of Norway and Sweden together. It is a pleasure to see so many Samis gathered here, and I hope that our endeavour will be successful. There are many matters that unite us. It has been suggested that
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reindeer husbandry is an issue that divides us from one another. But I think that even this is something that binds us together." The agenda of the Assembly contained issues pertaining to reindeer husbandry and education.[22]
The Sami Delegation is an elected organ of the Finnish Sami. Its task is to promote and safeguard the interests and rights of the Sami. In 1971, the Finnish Council of State established a Sami Committee to draft a report on the current situation of the Sami. The Committee advised to set up the Sami Delegation and also administered the first elections for it. In 1972, a trial election was held with fourty-three candidates and 3.000 Sami voters. A second election was held in 1974, when thirty-five candidates competed for the twenty seats of the Delegation. Thenceafter, elections were held every four years until 1992, when the Delegation began its final term of office. The Delegation had an advisory role only, without decision-making power. It has been said that the only matter it could decide on was the time of its next meeting. According to the Decree on the Sami Delegation, the meetings had to be held in the Sami area. The Delegation, together with the Ministry of Education, prepared the draft for the Language Act, regulating the use of Sami language in official affaires. The activities of the Sami Delegation served as a good basis and provided the experience necessary for dealing with public affaires for the establishment of the Sami Parliament.[23]
The Sami Parliaments are representative bodies for people of Sami heritage, democratically elected every four years in Norway (since 1989), Sweden (since 1993) and Finland (since 1996). The Sami Parliaments are advisory bodies, not having legislative power. The Sami Parliament Acts contain a definition for "Sami" in order to appoint who is entitled to participate in the elections of the Sami Parliament.
Laki saamelaiskäräjistä, the Finnish Sami Parliament Act defines "Sami" in Section 3. According to Section 3, a Sami means a person who considers himself a Sami, provided that he himself or at least one of his parents or grandparents has learnt Sami as his first language; that he is a descendent of a person who has been entered in a land, taxation or population register as a mountain, forest or fishing Lapp; or that at least one of his parents has or could have been registered as an elector for an election to the Sami Delegation or the Sámi Parliament.[24]
The Sami Parliaments deal with important political matters, such as questions relating to land and water rights, ownership, occupations, language legislation and education.
9 October 1989 was a historic day for the Norwegian Sami. On that day King Olav of Norway officially opened the first Sami Parliament in Karasjok. The establishment of the Parliament was the consequence of the proposal of the Sami Rights commission set up after the already mentioned Alta Dispute. The recommendations of the commission formed the basis for approval of the Sami Act and the addition of a new provision to the Norwegian Constitution concerning Sami rights. The Sami Parliament and other Sami rights are regulated by State Act no. 56 (Lov om sametinget og andre samiske rettsforhold), also known as the Sami Act.[25] Additionally, the Norwegian Parliament (the Storting) ratified the status of the Sami in an amendment to the Constitution. Article 110a of the Constitution stipulates that it is the responsibility of the authorities of the state to create conditions enabling the Sami people to preserve and develop its language, culture and way of life.[26] The Sami Act provides that the Sami shall have their own national elected body, the Sami Parliament, dealing with all matters relating to the Sami as a people.
The Sami Parliament is seen as the central organ in the fulfillment of Article 110a of the Constitution. This provision also represents Norway's obligation to the Sami on the basis of international law, as the obligations imposed by the international conventions, such as Article 27 of the UN Covenant on Civil and Political Rights, must be implemented in the domestic Norwegian laws on the constitutional level as well. Although the Constitution does not use the term "indigenous people", Norway did acknowledge that the Sami are an indigenous people by ratifying ILO Convention 169 in 1990.[27]
The task of the Parliament is to make proposals and issue statements on matters concerning the Sami people. It also has a decision-making power regarding internal appointments. According to Article 2-1 of the Sami Act, the business of the Sameting is any matter that in the view of the parliament particularly affects the Sami people. The Sameting may on its own initiative raise and pronounce an opinion on any matter coming within the scope of its business. It may also on its own initiative refer matters to public authorities and private institutions. The Sameting may delegate authority to administer the allocations granted for the purposes of the Sami people over the
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annual fiscal budget. The Ministry will lay down rules for the financial management of the Sameting. The Sameting has the power of decision when this follows from other provisions in the Act or is otherwise laid down.[28]
Thirty-nine members are elected from the thirteen constituencies of the country. The political organs of the Parliament are the Plenary Session, the President and the Council. The highest body is the Plenary Session. The political activities are carried out by the President and the Deputy President, who are full-time officials, as well as the five members of the Council. The Parliament defined its tasks as to be the Sami's elected political body and to carry out the administrative tasks delegated to the Sami Parliament. It has given priority to its political activity in order to obtain more real political power.
The Parliament convenes four times a year. The building of the Parliament was officially built for this purpose. The administration is diffused. The Secretariat is in Karasjok, while other Sami administrative bodies are located in different parts of the Sami area. These are the Samisk kulturråd (dealing with matters concerning the Sami culture), Samisk språkråd (matters regarding Sami language), Samisk näringsrad (livelihood matters) and Samisk kulturminneråd (cultural heritage).[29]
Year by year, the Sami Parliament allocates huge amounts of money to Sami individuals, associations and to Sami-owned companies in the form of grants and subsidies. The Parliament reports to the Storting every year on its actions and measures taken in order to support Sami language, culture and society. The Sami Parliament has gradually developed into a central and real political actor in Norway, being involved in all questions relating to the Sami.[30]
The Sami Parliament in Sweden was established in 1993. The situation of the Sami people as an indigenous people is weaker in Sweden than that of the Finnish and Norwegian Sami. Therefore, the most important goal of the Swedish Sami activism was to set up its own elected Sami body.
The Constitution of Sweden does not recognise the the Sami as an indigenous people. Although in Chapter 1 Article 2(4) it stipulates that opportunities should be promoted for ethnic, linguistic and religious minorities to preserve and develop a cultural and social life of their own[31], the Constitution does not mention the Sami or the indigenous peoples.
The legal status of the Swedish Sami has been dealt with since the 1970s in a number of advisory committees. One of the most important outcomes was a report called the Sami Rights Report (Samerättsutredningen), consisting three parts. The first part of the report dealt with the Sami's position in relation to international law, the second pertained to the Sami laws and Sami Parliament, while the third part was about the Sami language. The committee also proposed that the legal status of the Sami as an indigenous people should be included in the Constitution Act. This proposal was rejected by the Swedish government.
The disappointing judgement of the Taxed Mountain Case (Skattefjällsmalet) drew attention to the importance of the establishment of a Sami organ. The dispute was held between the Sami people and the Swedish state over ownership rights. The case was disputed for fifteen years, concluded by the judgement of the Swedish Supreme Court. According to the decision of the Supreme Court, the Sami had no ownership rights on the land and waters in dispute. However, the Supreme Court pointed out in its decision that the reindeer herders had a strong claim to usufruct of the land where reindeer husbandry has traditionally been practised.[32] This case finally prompted the authorities to admit the urgent need for a progressive Sami organ. The Sami Parliament Act came into force in 1993, during the International Year of Indigenous Peoples.
The establishment of a Sami Parliament was the most important proposal of the above mentioned Sami Rights Report. According to Chapter 2 Section 1 of the Sami Parliament Act, the Sami Parliament shall work for a living Sami culture, taking initiatives for activities and proposing measures for promoting this culture. The assignments of the Sami Parliament include the followings:
- deciding on the allocation of state subsidies and funds from the Sami Foundation to Sami culture and Sami organisations, as well as funds that are intended for the common disposal of the Sami people,
- appointing the Board of Directors for the Sami school indicated in Chapter 8 Section 6 of the Education Act,
- guiding the work on the Sami language,
- participating in community development and ensuring that Sami needs are considered, including the interests of reindeer breeding in the use of land and water,
- providing information on Sami conditions,
- performing the additional tasks that pertain to the Sami Parliament pursuant to legislation or other statutes.[33]
The Sami Parliament is a state authority, however, it has also been guaranteed the freedom to develop its own procedural framework. The Parliament has
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thirty-one elected members, among whom it appoints a full-time President and a Board of a maximum of seven members. The members of the Board elect a Chairman. The Secretariat of the Parliament is located in Kiruna.[34]
The Finnish Sami Parliament was established in 1996. In 1995, a reform was carried out regarding the fundamental rights for the Sami people in matters concerning their own language and culture. The Constitution of Finland acknowledges the Sami as an indigenous people, granting them self-determination in issues pertaining to their language and culture.[35] It also guarantees the Sami linguistic and cultural self-government in their native region.[36]
Further provisions on Sami cultural autonomy are set down in the Sami Paliament Act. According to Section 1 of this Act, the Sami are an indigenous people, having linguistic and cultural autonomy in the Sami homeland. The Act stipulates that for the tasks relating to cultural autonomy the Sami shall elect from among themselves a Sami Parliament.[37]
The Parliament has twenty-one members and four deputy members, for a period of four calendar years. There must be at least three members and one deputy member from each of the municipalities of the Sami Homeland. On the basis of the Sami parliamentary election results, the members and deputy members of the Sami Parliament are appointed by the national Council of State. It is also the national Council of State who accepts their resignations. The members of the Sami Parliament from among themselves appoint a President who is going to be a full-time official.
The task of the Parliament is to take care of matters concerning culture, language and the position of the Sami as an indigenous people. It can submit proposals and initiatives, issue statements on matters within its competence and decide on the distribution of funds allocated for the common use of the Sami. The Parliament functions under the auspices of the Ministry of Justice. The organs of the Parliament are the Plenary Session, the President and the Board. Several steering groups are set up to deal with specific matters, such as culture, education, language, social services, health and occupations.[38]
The operation of the Sami Parliament is focused on the Sami Homeland. The Parliament is neither an official organ of the Finnish State, nor it is the part of the state administration. It has the status of an independent juridical person under public law, having own administrative organs, accounting and auditors.
According to the Finnish Parliament's Standing Orders, a special select committee shall provide the opportunity for representatives of the Sami to express their opinion on matters specifically concerning the Sami. State authorities shall negotiate with the Sami Parliament in order to hear its opinion on issues concerning their position. These issues are especially community planning, administrative or legislative changes to an occupation constituting part of the Sami culture, development of education in Sami languages, social and health services and any other matters affecting the Sami. This is a significant achievement of the Saamelaiskäräjät, as in Norway and Sweden no legally binding provisions have been made for the Sami Parliaments to be heard generally.[39]
The Sami Parliamentary Council was established on 2 March, 2000 in Karasjok. The initiative for establishing a cooperative organ of the Sami Parliaments was made by the Parliaments themselves at a joint meeting in 1993, during the International Year of the World's Indigenous Peoples. On 6 February 1997, the 80[th] anniversary of the first Sami National Assembly (later officially made the national Sami day), was celebrated in Trondheim (Norway) and the celebrations continued in Sweden in the same month. There the Finnish, Norwegian and Swedish Sami Parliaments adopted a joint political agenda. The main point of the agenda was cultural self-determination and the establishment of a joint organ to carry this out.
The main goal of the Parliamentary Council is to harmonize the Sami policies of the different countries and to promote more democratic participation at both regional and internatonal levels. The Council also plays an important role in promoting the rights of indigenous peoples in the United Nations. It contributed to the establishment of the Permanent Forum for Indigenous Issues and was conducent in drafting the Declaration of the Rights of Indigenous Peoples. It is also active in the Arctic Council, in co-operation with the Barents Sea area and in the European Union. These activities have significant results, such as the International Year of the World's Indigenous Peoples (1993), the United Nation's International Decade of the World Indigenous Peoples (1995-2004), as well as the present increased self-awareness of the Sami.[40]
The Sami Parliamentary elections are held every four years in Finland, Sweden and Norway. There are no elections in Russia, as no analogous organ has been established there. The first Sami elections took
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place in Finland in 1972, when the Sami Delegaion was elected. This was followed by the election of the Finnish Sami Parliament in 1996. The first Sami parliamentary elections in Norway were held in 1989 and in Sweden in 1993. The elections are generally governed by the laws of the corresponding states concerning elections. However, the Sami Parliaments have their own electoral registers, electoral organs and polling days.
In Finland, the elections are non-partisan and individual candidates can be put forward for election on lists of candidates signed by three persons. The electoral district overspreads the whole country. The voting system differs from that of Finland, as the voters receive registered letters which they have to collect personally from the post office. They may then either vote personally or by return of post. The twenty-one candidates receiving the highest number of votes are elected, provided that among them there are at least three candidates elected from each of the four municipalities of the Sami Homeland. Hence, the three candidates having the most votes from each municipality are elected. The candidate with the fourth highest number of votes is elected the deputy member in each municipality. The first President of the Finnish Sami Parliament was Pekka Aikio (for the first three terms, 1996-2008), Vice-Presidents were Irja Seurujärvi-Kari and Pekka Fofanoff. The present leader is Klemetti Näkkäläjärvi.[41]
The Norwegian and Swedish elections are different from the Finnish ones. The elections are partisan and are based on lists of candidates set up by political parties and other interest groups, likewise in the case of other national and local elections.
In Norway, thirty-nine members are elected. The country is divided into thirteen electoral districts. Three members are elected in each electoral district. The attendance at the elections are relatively high in general: in 1993, for instance, 77,6% of the entitled voters casted their votes and in 1997 the turnout was 77,8%. The largest, and therefore the ruling party of the Sameting is Norgga sámiid riikkasearvi (NSR, Norwegian Sami Association). The first Presidents were also elected from its ranks. The first President was Ole Henrik Magga (1989-1997), succeeded by Sven-Roald Nystø, who was elected for two parliamentary terms (1997-2005). In 2005, Aili Keskitalo became the President of the Norwegian Sami Parliament. She was the first female President of any Sami Parliament. She was also the first Sami President whose mother tongue was not Sami, but Norwegian. She resigned in 2007, due to problems in cooperating with the Vice-President of the Parliament. Her resignation made way for the first non-NSR presidency of the Norwegian Sami Parliament.[42] The present leader of the Parliament is Egil Olli, representing the Labour Party.[43]
In Sweden, thirty-one full members are elected for the Sami Parliament. In addition, sixty deputy members are elected. The members of the Parliament represent ten different Sami parties. The Chairmen of the Swedish Sami Parliament were Lars-Jon Allas (1993-1997), Lars Wilhelm Svonni (1997-2001), Olov J. Sikku (2001-2005), Sylvia Simma (2005-2009) and Stefan Mikaelsson (2009-).[44]
"A language, even if it is spoken by a very small community, is a value to be preserved. It belongs to the common heritage of mankind."[45] Thus, language has to be promoted and protected by every possible means, including legislation.
Language legislation includes the laws and statutes governing the use of language in states where more than one language is spoken. It defines the language to be used in front of public authorities and the language in which the authorities must issue their documents[46], and also the language used in internal documents between the authorities[47]. Language legislation includes the language skills required of public officials and regulations concerning the language to be used in state educational facilities. In the 1980s, several working groups and committees were set up to establish the position of Sami culture and language.[48]
The provisions of the Swedish Constitution regarding Sami language are limited to a general regulation on minorities. According to the Constitution, opportunities should be promoted for ethnic, linguistic and religious minorities to preserve and develop a cultural and social life of their own.[49] Until the year 2000, there had been less legislation concerning the Sami language compared to Norway and Finland. The situation began to change in 1997, when the Committee on Minority Languages made its proposals in a report. The ratification of the European Charter for Regional or Minority Languages of the Council of Europe also became an issue at that time. At the beginning of April 2000, the Parliament passed a law on the right to use Sami language in dealing with authorities and at courts (Lag om rätt att använda samiska hos förvaltningsmyhdigheter och domstolar). A separate Sami Administrative Area was established comprising the municipalities of Arjeplog, Gällivare, Kiruna and Jokkmokk. The law applies to the Sami
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languages spoken in this region, i.e. to South Sami, Lule Sami and North Sami. According to the law, a person has the right to use Sami language when dealing with authorities in both speech and writing, and the authorities have the obligation to give their answer in Sami. Every Sami person has the right to use Sami language at courts. The law also contains provisions regarding the use of Sami languages in nursery schools and health care. However, no requirement is included regarding the language skills of the authorities, thus, in practice it is implemented by means of interpretation and translation.[50]
In Norway, a Sami Cultural Committee was set up. Its first report, the Sami Culture and Education (Samisk kultur og utdanning) was published in 1985. The report contained proposal on a cultural and educational policy and also recommended a bill for a Sami Language Act. As a consequence, State Act no. 56 regulating the Sami Parliament and other Sami rights (Lov om sametinget og andre samiske retthold) came into force in 1987. The Act, also known as the Sami Act, aimed to create conditions in which the Sami could safeguard and develop their own language, culture and society. In 1990, regulations regarding the Sami language were annexed to the Act. These regulations apply to the Sami Administrative Area (Forvaltningsområde for samisk språk), which includes the municipalities of Karasjok, Kautokeino, Porsanger, Tana and Uuniemi in the province of Finnmark and Kafjord in the province of Troms. In these municipalities, the provisions of the Sami Act apply to local and regional authorities as well. Certain regulations also apply outside the Sami Administrative Area, for instance in the prisons of Finnmark and Troms Provinces. Besides, the Act grants the right to a reply in Sami, the extended right to use Sami in the judicial system, the extended right to use Sami in the health and social sector, the right to individual church services in Sami, the right to leave of absence for educational purposes in order to acquire a knowledge of Sami and the right to tuition in Sami.[51] Although the Administrative Area is inhabited mostly by speakers of North Sami, the regulations apply to all the three Sami languages spoken in the Area, namely to North, Lule and South Sami. According to the Sami Act, Norwegian and Sami languages enjoy equal status in the Administrative Area. Thus, everyone has the right to use a Sami language when dealing with local and regional public authorities. In practice, however, the exercise of these linguistic rights is based on translation and interpretation, creating crucial obstacles when dealing with authorities. The Act also states that statutes and regulations of particular interest to all or parts of the Sami population shall be translated into Sami. The state of Norway is responsible for all the costs entailed by the implementation of the Sami Act. The distribution of allocations is accomplished by the Sami Parliament.[52] In 1992, special regulations were appended to the Sami Act, confirming Sami as an official language in Norway. Sami language also achieved a higher status concerning its use in administrative proceedings and in the educational system. Earlier, Sami children were forbidden to speak their own language in some schools,[53] however, according to the Act, children living in Sami districts now have the right to use Sami in schools and to receive instruction in their native language.[54]
Fundamental language rights traditionally enjoy strong protection in Finland. The equal status of Finnish and Swedish as the national languages is guaranteed by Section 17 of the 1999 Constitution Act. The first constitutional provision concerning the Sami language dates back to 1991. At that time, a provision guaranteeing the right of the Finnish Sami to be heard in Parliament was added to the 1928 Parliament Act of Finland. Although the provision did not explicitly concern the Sami language, it was of major importance when bills affecting the status and promotion of the Sami language were discussed and passed by the Finnish Parliament. In the beginning of 1992, the Act on the Use of Sami Language in Dealings with the Authorities entered into force. In 1995, a new paragraph in the Constitution provided a more efficient protection for the interests of the Finnish Sami to preserve and promote their languages and culture.[55]
The Finnish Constitution was reformed in 1999 by combining the earlier constitutional acts into one law. The new Constitution guarantees the right of the Sami as an indigenous people to maintain and develop their own language and culture.[56] According to the Constitution, the right of the Sami to use their language when dealing with authorities shall be regulated by law. The Constitution also states that the Sami shall enjoy authonomy with respect to their language and culture in the Sami Homeland.[57]
Until the beginning of the 1990s, the Sami language was not granted any special status in Finnish legislation. Several committee proposals urged that efforts should be made to safeguard it. In 1983, the Sami Delegation proposed a draft for a Government Bill on a Sami Language Act. According to this proposal, the Sami language would have acquired
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a similar status as Finnish and Swedish. In 1991, a proposal finally led to the enactment of the Act on the Use of the Sami Language in Dealings with the Authorities. The Act granted Sami people the right to use their own language when using any of the government services. However, the Act did not grant any clear official status to the Sami language. It aimed to strenghten the language rights of the Sami population and to ensure the continuity of Sami culture. It guaranteed the Sami the right to use their own language at courts and other authorities mainly in the Sami Homeland, and before certain regional and national organs. The new Sami Language Act entered into force in 2003. This Language Act made Sami an official language in the Sami Homeland. The Act applies to all Sami languages used in Finland, i.e. to North, Skolt and Inari Sami. According to the Act, the public authorities subject to it are the followings:
- the municipal organs of Enontekiö, Inari, Sodankylä, and Utsjoki, as well as the joint municipal authorities where one or more of the said municipalities are members,
- the courts and State regional and district authorities whose jurisdiction covers the said municipalities in full or in part,
- the provincial government of Lapland and the organs attached to it,
- the Sami Parliament and Advisory Board for Sami Affairs,
- the Chancellor of Justice of the Government and the Parliamentary Ombudsman,
- the Consumer Ombudsman and the Consumer Complaints Board, the Ombudsman for Equality and the Council for Equality, the Data Protection Ombudsman and the Data Protection Board, and the Ombudsman for Minorities,
- the Social Insurance Institution and Farmers' Social Insurance Institution,
- the State administrative authorities that hear appeals against decisions of administrative authorities referred to above.[58]
The Sami Language Act shall also apply to administrative matters handled in accordance with the Reindeer Husbandry Act by state authorities and public-law associations in the Sami Homeland.
A person fulfilling the criteria for the definition of a Sami has the right to use Sami under the terms of the Sami Language Act.[59] However, the authorities are not obliged to check if a person using Sami meets these criteria or not. The Act guarantees the right for Sami individuals to register Sami as their native language and to receive documents from authorities in Sami language upon request. The Act does not require the authorities to speak Sami. In case the official does not speak Sami, the law is implemented through translation and interpretation. The Sami Language Office operating under the Sami Parliament is responsible for translation services.
The Sami Language Act had a significant impact on the status of the Sami language. The Act has clearly added to the appreciation of the Sami language what is especially visible in guidebooks, notices, announcements and different official texts. A great number of acts and decrees are published in Sami. Since the Act entered into force, the interest to learn Sami has increased both among the Sami and the non-Sami population.[60]
The increased importance of Sami language is also apparent in other fields of law. Due to an amendment to the Comprehensive Schools Act, special Sami-language school districts can be set up in municipalities with a Sami-speaking population for the administration of the Sami-language instruction. There is also a vocational training centre in the Sami domicile area, where the languages of instruction are Finnish and Sami. At the University of Oulu and the University of Lapland, there is a joint special quota of five Sami-speaking students in the training of comprehensive school teachers. Moreover, at the University of Lapland there is a quota of one to five Sami-speaking students in all fields of study. The Child Day Care Act states that the municipalities shall arrange the children's day care in their mother tongue, let it be Finnish, Swedish or Sami. However, despite the efforts mentioned above and the numerous international norms relevant to the language rights of the Sami[61], many Samis still fear that not enough is being done to secure and preserve their language.[62]
As a result of the seventh Nordic Sami Conference in Gällivare in Sweden, a Sami Language Committee was established in 1971. Nine members were elected to the Committee, representing four dialects of the language: South Sami, Lule Sami, North Sami and Skolt Sami. Since 1974, Inari Sami has also been represented in the Committee. Thenceafter, South Sami was represented by two members (one from Sweden and one from Norway), Lule Sami by two members (one from Sweden and one from Norway), North Sami by three members (one each from Sweden, Norway and Finland), while Inari and Skolt Sami by one member each. Through this system, each country was represented by three members in the Sami
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Language Committee. Since 1992, the Committee has been expanded to include Russian representatives also.[63] The secretariat is located in Kautokeino. Until 1996, the Committee operated under the Sami Council, but since then it has functioned under the auspices of the joint organ of the Sami parliaments, the Sami Parliamentary Council.
The aim of the Committee is to take responsibility for all questions concerning the Sami language, including matters of correct usage, language legislation and development of terminology. Its major achievement has been the creation of a common Nordic ortography for North Sami, officially adopted in 1978.[64]
The Sami Language Council (Sámi giellaráđđi) is an expert organ responsible for language issues operating under the Sami Parliament. Its task is to strengthen the position of Sami language, to promote its preservation and to provide advice and guidance in matters relating to language. The Language Council is also responsible for the teaching of Sami languages, drafting language legislation and supervising the implementation of language rights.[65]
The way of life of the Sami, such as that of other indigenous peoples, has been strongly rooted in nature. Without unspoilt nature and environment it is impossible to maintain their original lifestyle. Thus, the protection of the environmental rights of the indigenous peoples is of a significant importance. However, the question of the protection of environmental rights is more complex than it seems to be at first. The fact should be taken into consideration that the environmental aspects of decisions and actions cannot be limited to the territory of one country. Therefore, transboundary co-operation should play an important role in issues concerning environmental rights and their protection.
For this purpose, environmental impact assessment (EIA) has been developed in many countries to produce information on the environment for planners and decision-makers. The process involves the evaluation of the potential impacts of the proposed activities on ecology and people living in the affected area.[66] Special EIA statutes exist for evaluating the possible impacts of larger projects, such as motorways, paper mills and dams. These statutes lay down the rights and obligations of the developer, public authorities and the decision-makers in planning and decision-making procedures.[67] The legal background for EIA is the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention). The Convention regulates situations where an activity proposed in one contracting state is likely to have a noxious transboundary impact on the environment of another state. The Convention requires the parties to co-operate with each other before the activity is undertaken. In order to do so, the Espoo Convention requires the establishment of national EIA procedures and licensing procedures, involving also foreign actors.[68]
In the Arctic, many indigenous peoples rely on natural resources for their economic and cultural survival. The living resources of the Arctic compose an essential basis for their social identity and spiritual life. Environmental problems may lead to the infringement of indigenous peoples' human rights on account of their close relation to nature. Arctic environmental problems, such as pollution and climate change, seriously affect the rights of indigenous peoples to their traditional territories and to the natural resources of their territories. Over and above, other human rights are also concerned, such as cultural rights, especially the right to traditional livelihoods, the right to health and a healthy life, the right to an adequate standard of living and the right to development. A common element of the environmental rights of the indigenous peoples is that they aim to protect those peoples' traditional livelihoods and lifestyles based on nature.[69] The protection of the environmental rights of indigenous peoples can be found both in human rights law and in international environmental law. Environmental rights are protected not only by general instruments of international law, but by indigenous-specific intruments as well.[70]
In 1995, Sweden and Finland became members of the European Union (EU). Although Norwegian people voted against joining, the country co-finances and participates in many collaborative programs of the Union. Thus, the Sami became an "EU minority", with mingled feelings towards the EU.
According to a research conducted in 1996, Sami activists often thought that if the state was not able or willing to help the minority, the international and espacially the European organisations would help, as they had greater interest in supporting minorities. Therefore, the European institution was in a way regarded as a means of pressure against the own state. It should also be mentioned that Sami people know how to bring cases before international courts and have successfully done so, since all Nordic govern-
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ments have already been addressed warnings by the Human Rights Committee.
The Sami people had a realistic attitude towards the Union. The Finnish Sami Parliament had established contacts with the EU institutions relevant for minority politics before Finland started the official negotiations with the EU. Moreover, the Sami organisations hosted seminars in order to prepare Sami people for potential membership. Besides, a Sami delegation travelled to Brussels and after to Wales, where they met the Welsh minority organisation, to find out what it would mean to be an "EU minority". There was a growing hope in the Sami organisations that the EU would grant more funds for the minority than the states. This hope was strengthened when the Sami museum in Inari was promised to be financed by the EU.
After all, Sami organisations considered the EU not only as a chance for the future but also as a real threat. They were afraid that minorities would remain marginal in the huge EU. The Finnish Sami Parliament warned that it should not be forgotten that a strong national financial support was necessary, thus states should not be given the impression that their help would not be needed in the future. Another fear was that the Nordic states would back off their responsibilities, leaving the whole "minority question" to the care of the EU. The Sami organisations were especially worried about hunting, water and land rights that are essential for their traditional livelihood. For instance, the rights belonging to every person to use land and water were extended to every EU citizens. Other EU regulations were also considered to have a negative influence on the Sami, such as the protection of animals that are enemies of reindeers and the prohibition of conducting business in national parks.[71]
Fifteen years after the joining, the Sami's fear is passed away. Their contacts with the EU have led to increased investment in business, labour market and employment policy measures. As an indigenous people, they hold a special position in relation to other minority groups in Europe.[72]
The present work aims to give a general overview on the development and current status of the rights of the Sami. Sami Parliaments and other organs of the Sami are demonstrated therein, with special regard to the different national regulations. With respect to the significance of the self-determination of the Sami, the parliamentary elections are specifically highlighted. The importance of the language rights is doubtless in the case of minorities. Due to the strong connection between nature and the way of life of the Sami, the protection of their environmental rights is an issue object for international discussions. In conjunction with Sweden and Finland joining to the European Union, the Sami became an "EU minority". Therefore, their status within the Union is also presented.
Author owes a debt of gratitude to many people for contributing to the completion of the present work: to my colleagues at the Northern Institute for Environmental and Minority Law, especially to Professor Timo Koivurova and Leena Heinämäki, for raising my interest towards the Sami minority and its legal status and for the useful comments they had on this work. ■
NOTES
[1] Elina Helander: The Sami People. In: No Beginning, No End - The Sami Speak Up (eds. Elina Helander, Kaarina Kalio). Circumpolar Research Series No. 5 1998. at 17.
[2] Nils-Aslak Valkeapää: Greetings from Lappland. Zed Press, London 1983. pp. 17-26.
[3] The Finnish Sami Parliament Act defines the Finnish Sami Homeland. The Sami territories have not been legally designated in the other countries. See Section 4 of the Finnish Sami Parliament Act: http://www.finlex.fi/fi/laki/kaannokset/1995/en19950974.pdf visited 2011-10-15
[4] Коренные Малочисленные Народы Севера и Сибири - Руководство для Исследователей (ред. Дмитрий А. Функ, Леннард Силланпяя). Yниверситет Академи Або, Вааса, 1999. ст. 18
[5] Mikael Svonni: The Future of Saami - Minority Language Survival in Circumpolar Scandinavia. In: Northern Peoples Southern States (ed. Robert P. Wheelersburg). Cerum, Umeå 1996. pp. 14-16.
[6] The Saami - A Cultural Encyclopaedia (eds. Ulla-Maija Kulonen, Irja Seurujärvi-Kari, Risto Pulkkinen). Vammalan Kirjapaino Oy, Vammala 2005. at 124.
[7] See also webpage of Sami culture: http://www.utexas.edu/courses/sami/dieda/hist/nor-sami.htm#intrude visited 2011-10-15
[8] The Saami - A Cultural Encyclopaedia 2005. at 389.
[9] Veli-Pekka Lehtola: The Sámi People - Traditions in Transition. Kustannus-Puntsi Publisher, Inari 2002. pp. 36-37.
[10] Ted Robert Gurr: Minorities at Risk - A Global View of Ethnopolitical Conflicts. United States Institute of Peace, 1993. pp. 167-168.
[11] Elina Helander: The Nature of Sami Customary Law. In: Arctic Governance, Juridica Lapponica 29 (eds. Timo Koivurova, Tanja Joona, Reija Shrono). Oy Sevenprint Ltd, Rovaniemi, 2004. at 88.
[12] Ole Henrik Magga: Sámi Past and Present and the Sámi Picture of the World. In: The Changing Circumpolar North - Opportunities for Academic Development (ed. Lassi Heininen). Koillissanomien Kirjapaino, Kuusamo 1994. at16.
[13] Ole Henrik Magga: Sámi Past and Present and the Sámi Picture of the World 1994. at 16.
[14] See Article 110a of the Norwegian Constitution: http://www.servat.unibe.ch/icl/no00000_.html visited 2011-10-15
[15] See International Covenant on Civil and Political Rights: http://www2.ohchr.org/english/law/ccpr.htm#art27 visited 2011-10-15
[16] Ole Henrik Magga: Sámi Past and Present and the Sámi Picture of the World 1994. pp. 16-17.
[17] The Saami - A Cultural Encyclopaedia 2005. pp. 344-345.
[18] The Saami - A Cultural Encyclopaedia 2005. at 345.
[19] See webpage of the Sami Council: http://www.saamicouncil.net/?deptid=2178 visited 2011-10-15
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[20] The Saami - A Cultural Encyclopaedia 2005. pp. 345- 346.
[21] The Saami - A Cultural Encyclopaedia 2005. at 344.
[22] The Saami - A Cultural Encyclopaedia 2005. at 350.
[23] The Saami - A Cultural Encyclopaedia 2005. pp. 346- 347.
[24] See the Finnish Sami Parliament Act: http://www.finlex.fi/fi/laki/kaannokset/1995/en19950974.pdf visited 2011-10-15
[25] See the Sami Act: http://www.regjeringen.no/en/doc/Laws/Acts/the-sami-act-.html?id=449701 visited 2011-10-15
[26] See the Norwegian Constitution: http://www.servat.unibe.ch/icl/no00000_.html visited 2011-10-15
[27] The Saami - A Cultural Encyclopaedia 2005. pp. 351-352.
[28] See the Sami Act: http://www.regjeringen.no/en/doc/Laws/Acts/the-sami-act-.html?id=449701 visited 2011-10-15
[29] The Saami - A Cultural Encyclopaedia 2005. at 352.
[30] The Saami - A Cultural Encyclopaedia 2005. pp. 352-353.
[31] See the Constitution of Sweden: http://www.servat.unibe.ch/icl/sw00000_.html visited 2011-10-15
[32] For further information see also Tom G. Svensson: The Sámi and Their Land. Novus forlag, Oslo, 1997.
[33] See the Sami Parliament Act: http://www.sametinget.se/9865 visited 2011-10-15
[34] The Saami - A Cultural Encyclopaedia 2005. pp. 353-354.
[35] See Chaper 1 Section 17(3) of the Finnish Constitution: http://www.servat.unibe.ch/icl/fi00000_.html visited 2011-10-15
[36] See Chapter 11 Section 121(4) of the Finnish Constitution: http://www.servat.unibe.ch/icl/fi00000_.html visited 2011-10-15
[37] See the Sami Parliament Act: http://www.finlex.fi/fi/laki/kaannokset/1995/en19950974.pdf visited 2011-10-15
[38] The Saami - A Cultural Encyclopaedia 2005. pp. 350-351.
[39] The Saami - A Cultural Encyclopaedia 2005. at 351.
[40] The Saami - A Cultural Encyclopaedia 2005. at 354.
[41] See homepage of the Finnish Sami Parliament: http://www.samediggi.fi/index.php?option=com_content&task=blogcategory&id=127&Itemid=201 visited 2011-10-15.
[42] See also webpage of the Norwegian Sami Parliament: http://www.samediggi.no/artikkel.aspx?MId1=3492&AId=3423 visited 2011-10-15
[43] The Saami - A Cultural Encyclopaedia 2005. pp. 354-356.
[44] See also webpage of the Swedish Sami Parliament: http://www.sametinget.se/1366 visited 2011-10-15.
[45] The words of Professor Géza Herczegh at the Conference on the Linguistic Rights of Minorities, where he was the Chairman of the working group dealing with the linguistic rights in public administration and services. Linguistic Rights of Minorities (Droits Linguistiques des Minorités), Juridica Lapponica 9 (ed. Frank Horn). University of Lapland, Rovaniemi, 1994. at 124.
[46] the external official language
[47] the internal official language
[48] The Saami - A Cultural Encyclopaedia 2005. at 176.
[49] Chapter 1 Article 2(4) of the Swedish Constitution: http://www.servat.unibe.ch/icl/sw00000_.html visited 2011-10-15
[50] The Saami - A Cultural Encyclopaedia 2005. at 180.
[51] See Chapter 3 of the Sami Act: http://www.regjerin-gen.no/en/doc/Laws/Acts/the-sami-act-.html?id=449701 visited 2011-10-15
[52] The Saami - A Cultural Encyclopaedia 2005. pp. 179.180.
[53] Asle Høgmo: Social and Cultural Change in the Sámi World - Building the Sámi Nation. In: The Changing Circumpolar North - Opportunities for Academic Development (ed. Lassi Heininen). Koillissanomien Kirjapaino, Kuusamo 1994. at 22.
[54] Mikael Svonni: The Future of Saami - Minority Language Survival in Circumpolar Scandinavia. In: Northern Peoples Southern States (ed. Robert P. Wheelersburg). Cerum, Umeå 1996. pp. 18-19.
[55] Ulla Aikio-Puoskari, Merja Pentikäinen: The Language Rights of the Indigenous Saami in Finland - under Domestic and International Law. Lapland's University Press, Rovaniemi, 2001. pp. 32-35.
[56] Chapter 2 Section 17 of the Finnish Constitution: http://www.servat.unibe.ch/icl/fi00000_.html visited 2011-10-15
[57] Chapter 11 Section 121(4) of the Finnish Constitution
[58] Chapter 1 Section 2 of the Sami Language Act: http://www.coe.int/t/dg4/education/minlang/report/PeriodicalReports/FinlandPR3SamiLangAct_en.pdf visited 2011-10-15
[59] The Sami Language Act refers to the definition of the Act on the Sami Parliament.
[60] Ulla Aikio-Puoskari, Merja Pentikäinen: The Language Rights of the Indigenous Saami in Finland - under Domestic and International Law. pp. 35-39.
[61] International Covenant on Economic, Social and Cultural Rights; International Covenant on Civil and Political Rights; Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities; Convention on the Rights of the Child; ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent States; UNESCO Convention against Discrimination in Education; International Convention on the Elimination of All Forms of Racial Discrimination; Convention for the Protection of Human Rights and Fundamental Freedom; European Charter for Regional or Minority Languages; Framework Convention for the Protection of National Minorities; Charter of Fundamental Rights of the European Union
[62] Kristian Myntti: National Minorities and Minority Legsilation in Finland. In: The Protection of Ethnic and Linguistic Minorities in Europe (eds. John Packer, Kristian Myntti). Abo Akademi University, Åbo, 1993. at 93.
[63] Mikael Svonni: The Future of Saami - Minority Language Survival in Circumpolar Scandinavia. pp. 19-20.
[64] The Saami - A Cultural Encyclopaedia 2005. at 347.
[65] The Saami - A Cultural Encyclopaedia 2005. at 347.
[66] Tuula Kolari: The Right to a Decent Environment with Special Reference to Indigenous Peoples, Juridica lapponica 31. University of Lapland, Rovaniemi, 2004. at 10.
[67] Marika Paukkunen: Assessing Environmental Impact - The Proposal for a Finnish Act on Environmental Impact Assessment. In: The Legal Status of the Individual in Nordic Environmental Law, Juridica Lapponica 10 (ed. Tuula Tervashonka). University of Lapland, Rovaniemi, 1994. at 36.
[68] Timo Koivurova: The Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention). In: Making Treaties Work (ed. Geir Ulfstein, Thilo Marauhn, Andreas Zimmermann). Cambridge Unicersity Press, Cambridge, 2007. at 219.
[69] Leena Heinämäki: Environmental Rights Protecting the Way of Life of Arctic Indigenous Peoples: ILO Convention No. 169 and the UN Draft Declaration on Indigenous Peoples. In: Arctic Governance, Juridica Lapponica 29 (eds. Timo Koivurova, Tanja Joona, Reija Shrono). Oy Sevenprint Ltd, Rovaniemi, 2004. pp. 231-233.
[70] ILO Convention 169 Concerning Indigenous and Tribal peoples in Independent Countries; UN Draft Declaration on Indigenous Peoples
[71] Reetta Toivanen: Saami in the European Union. In: International Journal on Minority and Group Rights 8 - Special Issue on Sami Rights in Finland, Norway, Russia and Sweden (ed. Andreas Føllesdal). Kluwer Law International, the Netherlands, 2001. pp. 303-308.
[72] See webpage of the Swedish Sami Parliament: http://www.eng.samer.se/servlet/GetDoc?meta_id=1110 visited 2011-10-15
Lábjegyzetek:
[1] The Author is barrister in embryo.
Visszaugrás
