Government's opinion, the Sarni do not constitute a 'people' within the meaninq
qiven to the word in article 1 of the Covenant ••• Thus, the Government
maintains that article 1 is not applicable to the case. Ivan ~itok's
complaint. therefore .hould be declared inadmis.ible under article 3 of the
Optional Protocol to the International Covenant on Civil and Political RiVht.
a. beinq incompbtlble with provisions of the Covenant."
4.2
With respect to au alleged violation of article 27, the State party
"admits that the Sarni form an ethnic minor.ity in Sweden arad that persons
belonging to thi. minority are entitled to protection under article 27 of the
Covenant. Indeed, the Swedish Constitution goes somewhat further. Ch~pter 1,
article 2, fourth paragraph, prescribesl 'The possibilities for ethnic,
linguiltic or religious minorities to preserve and devrlop a cultural and
locial life of their own should be promoted.' Chapter 2, article 15,
prescribesl 'No law or other decree may imply discrimination against any
citi.en on the groulld of his belonging to a minority on account of his race.
skin colour or ethnic origin.'
"The matter to be considered with regard to article 27 is whether Swedish
and Swedish court decisions have resulted in Ivan ~itok being
deprived of his right to carry out reindeer husbandry and, if this is the
('ase, whether this implies that article 27 has been violate~. The Government
woul~, in this context, like to stress that I~an Kitok himself has observed
before the legal instances in Sweden that the only quest:on at issue in hi.
casa is the existance of such special reasons as enable the authorities to
grant him admission as e member of the Sorka~tum Sarni community despite the
Sarni community's refusal
le~islation
"The reindeer grazing legislation had the effect of dividing the Sarni
population of Sweden into reindeer-herding and non-reindeer-herding Sarni, a
di.tinction which is still very important. Reindeer herding is reserved for
Sarni who are members of a Sarni village (.Dmob~), which is a legal entity under
Swedish law. (The expression 'Semi community' is also used as an English
translation of 'IDmeb~·.) Thase Sarni, today numbering about 2,500, also have
certain other rights, for exarnple, as regards hunting and fishing. Other
Sarni, however - the great majority, since the Sarni population in Sweden today
numbers some 15,000 to 20,000 -. have no special rights under the pr.sent law.
The.e other Sarni have found it more difficult to maintain their Sarni identity
and many of them are today assimilated in Swedish society. Indeed, the
majority of tt.~~ group does not evgn live within the area wher~
reindeer-herding Sarni livA.
"The rules applicable on reindeer grazing are laid down in the 1971
Reindeer Husbandry Act [hereinafter the 'Act'). The ratio legis for this
legislation is to improve the living conditions for the Sarni who hav~ reindeer
husbandry as their primary income, and to ma~e the existence of relndeer
husbandry safe for the future. There had been problems in achieving an income
large enough to support a family living on reind~er husbandry. From the
legislative history it appears that it waB considered a matter of general
importance that reindeer husbandry be made more profitable. Reindeer
hu~bandrv was considered necessary to protect and preset've the whole cultur.
of the Sarni ••.
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