The Duty to Consult Sámi People with Special Reference to Environmental Matters

Abstract

The main aim of this paper is to analyze the duty to consult the Sámi people in relation with environmental issues. International standards of the duty to consult indigenous peoples are well established in International Law. International Law instruments provides a clear legal path the Nordic countries Finland, Norway, and Sweden, to follow with regards to the duty to consult indigenous peoples in decision-making processes. The duty to consult the Sámi people is a matter of great importance, as it ensures that they have an influence on decision-making in so far as it is relevant to them, and thus protect their basic rights of self-determination and land resources. The issue at stake is that according to the UN Special Rapporteur and International Human Rights Committee’s reports the Sámi people still do not hold enough influence on environmental matters that affect them. The lack of participatory rights and their poor implementation have as a consequence that the protection of their indigenous rights is not yet adequate in the three Nordic countries. None of these States fulfill their international obligations towards the Sámi. Various mechanisms are progressively being put in place in their legal system to comply with their duty to consult the Sámi people. However, these measures are not always sufficient to secure the full participation of the Sámi people to the adoption of decisions that impact their livelihood, way of life or culture. In this thesis I will study how specific rules related to indigenous rights have emerged in those countries with regards to international standards, and how such rules are implemented in different manners by each State.