A/HRC/18/35/Add.2 livelihoods or their lands.40 However, in general, laws and policies in the Nordic States with respect to natural resource extraction and development do not provide sufficient protections for Sami rights and livelihoods, and do not involve Sami people and the Sami parliaments sufficiently in the development processes. There is often no compensation for loss of pasture areas from natural resource extraction or other development projects, although in Norway the Reindeer Husbandry Act does requires that compensation be given to reindeer herders for expropriation of the right to use lands for reindeer husbandry. Additionally, benefit sharing opportunities are rare, especially with respect to mining and oil and gas development. 57. In Norway, reindeer husbandry is potentially threatened by oil and gas development in the far north. The Norway Mineral Act of 2009 requires that Sami cultural life be safeguarded under the act and also requires, in Finnmark County, that the Sami Parliament and the landowner have the opportunity to comment during the process of authorizing a permit. Nevertheless, the Norwegian Sami Parliament has expressed concern that the act does not provide an adequate level of consultation with the Sami Parliament on applications for permits within Finnmark County, or any consultation for applications affecting traditional lands outside that county. 58. In Sweden, the Sami have faced increasing pressures on their traditional lands from mining and wind-power development projects. The current Mining Act does not contain any provisions to accommodate for any special rights relevant to Sami people, and existing mining policies do not appear to be sufficient to protect Sami interests and rights over lands affected by mining. The Special Rapporteur has been monitoring in particular the situation of Kiruna Town. Luossavaara-Kiirunavaara AB, a mining company in which the Government has substantial ownership, has plans to relocate about half of the town to accommodate the expansion of an existing iron ore mine. The planned mining is squarely within an area of the reindeer herding grazing lands of Sami communities and vital reindeer migration paths. The Special Rapporteur has received complaints that the Sami have not been sufficiently consulted to ensure that impacts are minimized. Sweden has responded noting that the two Sami communities in the immediate vicinity of Kiruna town – Gabna and Laevas – have participated in the process of developing plans, including during a study on how reindeer herding will be affected by the changes and during an analysis of the cumulative effects on reindeer herding. Sweden stated that it has thereby fulfilled its obligations under both Swedish law and the Declaration on the Rights of Indigenous Peoples.41 59. In Finland, for decades Sami have expressed concern over the effects of logging on reindeer herding activities. According to Metsähallitus, Finland’s governmental forestry enterprise, the logging volume within the reindeer herding area has decreased significantly following agreements with reindeer herders. Also, in 2010, Metsähallitus and reindeer herding cooperatives concluded agreements concerning the use of forests. However, ongoing logging continues to pose a threat in areas that are vital to Sami reindeer herding, 40 41 16 For example, in Norway, the Forestry Act stipulates that the act may “not be applied in contravention of the rights of Sami reindeer herders to timber and fuel.” (Chap.. 1, section 2). In Sweden, the Forestry Act requires that “when planning and implementing forest management measures, it is desirable that the Sami village concerned be given annual access to both a sufficiently large and cohesive grazing area, and an ample amount of vegetation in those areas used for reindeer corralling, migration and resting.” (Section 31). In Finland, the Forestry Act stipulates that the Government shall consult with the Sami Parliament when issuing regulations concerning forest management. (Section 12(1)). A/HRC/15/37/Add.1, para. 384.

Select target paragraph3