A/HRC/33/42/Add.3
54.
The status of the Sami as an indigenous people is recognized in the 1999
Constitution,28 which indicates that the Sami have a right to cultural autonomy and
linguistic and cultural self-governance within their native region,29 covering the
municipalities of Enontekiö, Inari and Utsjoki, as well as the area of the reindeer owners’
association of Lapland in Sodankylä. The Sami Parliament Act establishes the Finnish Sami
Parliament with the mandate to protect the Sami language and culture and matters relating
to their status as an indigenous people. The Act also affirms that State authorities should
negotiate with the Sami Parliament “all far-reaching and important measures that may
directly or indirectly affect the Sami’s status as an indigenous people”, including matters
relating to the management, use, leasing and assignment of State lands, conservation areas
and wilderness areas.30
55.
Finland is also home to a distinct Sami group, the Skolt Sami. A separate law, the
Skolt Act,31 includes provisions on their rights in the Skolt native area, a part of the Sami
native area in the municipality of Inari. The Act recognizes the Skolt Sami Village Council
as the representative body of the Skolt Sami and requires that it be consulted in matters that
could affect the rights of the Skolt Sami.
2.
Self-determination
56.
Despite the strong statutory affirmations of the Sami Parliament Act and the Skolt
Act, the Finnish Sami Parliament and the Skolt Sami Village Council have limited
decision-making power, in particular with respect to land and resource rights.
Representatives of the Finnish Sami Parliament reiterated the concern they had shared with
the previous Special Rapporteur that most of their proposals and comments to the State
went unanswered by the Government.
57.
A highly vexed question is that of the electoral register of the Sami Parliament in
Finland. The Sami Parliament Act establishes several criteria that a person has to meet to
qualify as Sami for the purpose of voting. 32 According to reports received, the criteria were
decided on without the consent of the Sami Parliament and they have recently become the
subject of contentious interpretations by the Supreme Administrative Court. In the course of
the two recent elections, the Sami Parliament rejected a group of applicants to the electoral
register on the basis that they did not meet the objective criteria established by the Sami
Parliament Act. The applications were reportedly part of one of many campaigns organized
by non-Sami inhabitants of the northern parts of Finland who attempted to register as Sami
voters in order to influence the composition of the Sami Parliament. While the Special
Rapporteur is not in a position to judge the accuracy of such allegations, her attention has
been drawn to the fact that several of those seeking to enrol on the electoral register are
known to be outspokenly critical of the Sami and their rights as an indigenous people. She
also notes that, unlike in Norway and Sweden, the Finnish Sami Parliament Act provides
for a right of appeal to an external judicial institution, the Supreme Administrative Court,33
which has no Sami representation, and there are no requirements for the Court to have
specific knowledge of Sami culture.
58.
The Special Rapporteur notes that in 2013, the previous Government presented a
legislative proposal to amend the Sami Parliament Act that entailed extending the
obligation for State authorities to cooperate in negotiations with the Sami Parliament on
28
29
30
31
32
33
See the Constitution of Finland, sect. 17.
Ibid., sect. 121, para. 4.
Sami Parliament Act (No. 974/1995).
Skolt Act (No. 253/1995).
See the Sami Parliament Act, chap. 1, sect. 3.
Decision of the Supreme Administrative Court 2015:148.
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