A/HRC/18/35/Add.2
C.
Rights to lands, waters and natural resources
79.
For the Sami people, as with other indigenous peoples throughout the world,
securing rights over land and natural resources is fundamental to their selfdetermination, and is considered a prerequisite for the Sami people to be able to
continue to exist as a distinct people.
80.
The Special Rapporteur recognizes the efforts of the Nordic Governments in
recent decades to advance the rights of Sami people to their lands, territories and
resources. These efforts should be redoubled in order to guarantee the Sami people a
sustainable basis for their economic, social and cultural development.
81.
The Special Rapporteur recommends that Norway finalize the process of
clarifying and securing Sami land and resource rights both within and outside of
Finnmark County. He further recommends that Norway give close consideration to
the findings of the Coastal Fishing Committee and take effective measures to secure
fishing rights for the Sami coastal population.
82.
The Special Rapporteur recommends that Sweden increase its efforts to
demarcate the traditional territory of the Sami people. He further calls on Sweden to
adopt legislation to revise the high burden of proof required to establish traditional
Sami rights to land in court proceedings and to provide Sami parties with legal aid in
such proceedings.
83.
In consultation with the Swedish Sami Parliament and the Sami people, Sweden
should increase its efforts to develop legislation to address issues related to the Sami
people, including the issue of land and resource rights.
84.
Finland should step up its effort to clarify and legally protect Sami rights to
land and resources. In particular, Finland should ensure special protections for Sami
reindeer husbandry, given the centrality of this means of livelihood to the culture and
heritage of the Sami people.
85.
Legislative and administrative mechanisms that allow for the extraction of
natural resources from Sami territories should conform to relevant international
standards, including those requiring adequate consultations with the affected
indigenous communities and their free, prior and informed consent, mitigation
measures, compensation and benefit sharing.
86.
The Nordic States, in consultation with the Sami parliaments, should
consolidate measures to address the adverse effects of climate change on the Sami
people. At the same time, they should ensure that measures to promote renewable
energy sources, such as wind farms, do not themselves adversely affect Sami
livelihoods.
87.
The Nordic States should endeavour to maintain the predator populations in
the reindeer herding areas at levels that reindeer herding communities can withstand,
and they should fully compensate the reindeer herders for damages caused to them by
predators.
D.
Language and education
88.
The Special Rapporteur recommends that the Nordic States and the Sami
parliaments cooperate to redouble efforts to revitalize Sami languages and strengthen
programmes for education in Sami languages and culture. The States should provide
immediate and adequate funding to the Sami parliaments to assist in the
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