tho.. riCjJhtl. A. thll prohibition for the half-Sarni i. contrary to
international and dome.tie law, the 1928-1971 .tatute i. invalid and cannot
forbid the half-Sarni trom e.erelaing hi. reindeer br•• di~g, hunting and
fiehinCjJ riCjJht.. A. a matter of fact, the half-Sarni have exercJ.ed their
huntinCjJ and filhinCjJ right., especially filhinCjJ righte, without the permi •• ion
required by statute. Thi. hae been common in the Swedi.h Sarni heartland. and
was volid until the ReCjJerinCjJsratten rendered it. decieion on 6 June 1985 in
the Ivan lCitok case ••• Kitok's pOlition is that he i. denied the right to
enjoy the c'.llture of the Sarni a. he 11 jUlt a half-Sarni, whereaa the Sarni
village member£ are full Semi ••• The Sw,di.h Government has admitted that
reindeer bnuu~.t.n9 i. an e ••,.ntial element in the Sarni culture. When Sweden
now cout8111i~ that the majority of the Swedieh Sarni have no .pecial riCjJhts
under tbo e~~~tinCjJ law, this is not true. Sweden CjJoes on to .ay 'these other
Sarni hav~ lcund it more difficult to maintain their Sarni identity and many of
them are today assimilated in Swedish society. Indeed, the majority of this
group doeM not even live within the area where reindeer-herdinCjJ Sarni live'.
Ivan Kitok comments that he speaks for the estimated 5,000 Sarni who live in
the Swedish Sarni heartlands and of whom only 2,000 are lomehy members. The
mechanism of the somoby ••• diminishes the number of reindeer-farminCjJ Sarni
from year to year; there are now only 2,000 persons who are active somety
members livinCjJ in Swedieh Sarni heartlands. When Sweden says that thes~ other
Sarni are assimilated, it seems that Sweden confirms its own violation of
article 27.
"The important thinCjJ for th~ Sarni people is solidarity arnong the people
(fglksolidaritet) and not industrial solidarity (nAring8801idaritet). This
was Lhe qreilt appeal of the Sarni leaders, Gustaf Park, IS1ael RuonCjJ and
others. Sw~den has tried hard, however, to promot~ indu8trial solidarlty
among the Swedish Sarni and to divide them into full Sarni and half-Sarni ••• It
is characteristic that the 1964 Royal Committee wanted to call the Lapp
villaCjJe 'reindeer village' (r'nbY) and wanted to make the ronby an entirely
economic association with Increasing voting power for the big reindeer
owners. This has also been achi.ved in the pres~nt som.by, where members get
a new vote for every extra 100 reindeer. It is because of this organisation
of the voting power that Ivan Kitok was not admitted into his fatherland
Sorkaitum Lappby.
"Among the approximately 3,000 non-somoby members who are entitled to
carry out reindeer fa1'ming and live in Swedish Sarni heartland thtare are only a
few today who are Joterested in taking up reind.er farming. In order to
maintain the Sarni ethnic-linguistic minority, it is, however, very important
that such Sami are encouraged to join the Jiarnehy."
5.4
In conclusion, it is stated that the author, as a half-Sarni,
"cannot flmjoy his own culture because his reindeer-farming, hunting and
fishing rights can be removed by an undemocratic graduated vote and as a
half-Sarni he is forced to pay 4,000 to 5,000 Swedish krona annually as a fee
to the Sorkaitum a.omJIkY. auociation that the full Sarni do m t pay to that
associ8tion. This is a stigma on half-Sarni."
6.1 Before considering any claims contained in a communication, the Human Rights
Committee must, in accordance with rule 87 of its proviGional rules of procedure,
decide whether or not it is admissible under the Optional Protocol to the Covenant.
-227-