A/HRC/33/42/Add.3
82.
The Special Rapporteur recommends the expeditious resolution of Sami land
and resource rights issues by introducing appropriate legislation. She also reiterates
the recommendation of the previous Special Rapporteur that Sweden 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.
As a matter of priority, Sweden should revise its Minerals Act to ensure that it
is in compliance with international human rights standards, including adequate
consultations with affected indigenous communities and their free, prior and informed
consent at all stages of the permit process, mitigation measures, compensation and fair
and equitable benefit-sharing.
84.
Sweden should redouble its efforts to revitalize Sami languages and strengthen
programmes for education in Sami languages, including by providing adequate
funding to the Sami Parliament to assist in the implementation of concerted efforts to
those ends, and by revising the Swedish Educational Decree to ensure that it does not
hamper full Sami language immersion. In addition and at a minimum, all
municipalities in the Sami administrative area should provide integrated Sami
teaching.
C.
Finland
85.
The Special Rapporteur encourages the Government to reopen negotiations
with the Sami Parliament on amendments to the Sami Parliament Act and to jointly
develop a final and mutually acceptable proposal that addresses the full range of
issues, including those relating to identification of a person as Sami for the purpose of
registering on the electoral register.
86.
Finland should, as a matter of priority, revise the Reindeer Husbandry Act and
introduce special protection for Sami reindeer husbandry given the centrality of that
means of livelihood to the culture of the Sami people.
87.
In consultation with the Sami Parliament, Finland should continue to assess
why the Mining Act is not being enforced effectively and what additional measures
may be taken to reasonably correct that situation.
88.
In order to ensure that the human rights of the Sami people are not eroded by
the implementation of the Finnish Forest and Park Enterprise Act, the Sami
Parliament and the Skolt Sami Village Council, as well as affected Sami communities,
should be ensured a strengthened voice in related processes. At a minimum, the
membership of the municipal boards provided for in the Act should have full and
effective representation of the Sami people and a clearly defined mandate to assess
any potential impacts of activities on the Sami people’s rights to maintain and develop
their own language and culture prior to approving any permits, to refrain from
granting such permits if the activities risk undermining conditions for Sami or Skolt
livelihoods and culture, or if they will cause considerable harm to reindeer herding.
89.
As a matter of priority, Finland should ensure that the revival programme for
the Sami languages receives adequate and long-term funding and that its
implementation is evaluated annually, and is reported on to United Nations human
rights mechanisms in the context of treaty body reviews. Finland should address the
shortage of Sami teachers and education material, especially in the numerically
smaller Skolt and Ánar Sami languages, and ensure that distance learning receives
additional funding. In close consultation with the Sami Parliament, Finland should
develop a Sami teaching curriculum for education in the Sami homeland and work
with the Sami Parliament in preparing and approving the national school curriculum
to ensure that it includes sufficient and accurate guidance on Sami history and
culture.
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