CERD/C/102/D/54/2013
issued on 11 October 2009. According to the State party, between two and six representatives
of the Vapsten Sami village attended the meetings organized by the mining company, during
which they highlighted a number of risks connected with the project. Finally, a report on the
effects of the project on reindeer husbandry, drafted by a consulting company contracted by
the mining company, included suggestions for a number of damage-reduction measures,
including appropriate siting of the sand deposits, the open-pit mines and the roads, and of
fences to prevent animals from wandering into those areas. According to the State party, the
mining company stated that several of the recommendations made would be effective and
possible to implement.
2.6
In February 2010, the company applied for exploitation concessions for the areas
Rönnbäcken K No. 1 and Rönnbäcken K No. 2. The application documents were sent for
observations to the Västerbotten County Administrative Board, affected property owners and
other interested parties, including the Vapsten Sami village. The Vapsten Sami village stated
that, if the exploitation concessions were granted, important core areas would be lost and the
passage over Rönnbäcken would become unusable, obstructing reindeer husbandry. However,
the Västerbotten County Administrative Board concluded that there was no impediment to
granting the concessions, provided that the mining operations were adapted, as far as possible,
to the reindeer husbandry.
2.7
On 23 June 2010, the Chief Mining Inspector granted the exploitation concessions for
Rönnbäcken K No. 1 and Rönnbäcken K No. 2, on the condition that the mining company
engage in annual consultations with the Vapsten Sami village to clarify the measures required
to mitigate disturbance caused by the mining operations to reindeer husbandry. The Vapsten
Sami village appealed the decision to the Government, which rejected the appeal, considering
that it was possible for reindeer husbandry to continue in the area. The Sami village requested
a judicial review by the Supreme Administrative Court. The Court revoked the decision,
because it had not included an assessment of which of the conflicting national interests –
mineral extraction or reindeer husbandry – should be given priority, and requested a reexamination of the case.
2.8
In December 2011, before the new decision in the case concerning Rönnbäcken K No.
1 and Rönnbäcken K No. 2 had been taken or the assessment requested by the Supreme
Administrative Court had been submitted, the company applied for an exploitation
concession with respect to the area Rönnbäcken K No. 3. According to the environmental
impact statement, the project would be compatible with reindeer husbandry. The application
documents were sent for observations to the Västerbotten County Administrative Board,
affected property owners and other interested parties, including the Vapsten Sami village. On
1 October 2012, the Chief Mining Inspector granted the exploitation concession sought for
Rönnbäcken No. 3, indicating that the mining company must engage in annual consultations
with the Vapsten Sami village and work to minimize the adverse impact of the mining
operations on reindeer husbandry. The Vapsten Sami village appealed the decision to the
Government, requesting that the three cases be processed jointly.
2.9
On 22 August 2013, the appeals concerning all three concessions were rejected, it
being noted that the area designated as being of national interest for reindeer husbandry was
considerably larger than the areas covered by the exploitation concessions, so that the
concessions would only apply to a small part of the areas available for reindeer husbandry.
Accordingly, the petitioners would have possibilities to practise reindeer husbandry
elsewhere. On 29 October 2014, the Supreme Administrative Court rejected the petitioners’
application for a judicial review, ruling that the Government’s decision concerning the three
exploitation concessions was to be upheld.
Considerations regarding the merits
2.10 The State party emphasizes that the granting of the exploitation concessions does not
constitute a violation of article 5 (d) (v) of the Convention. Indeed, the Sami’s right to practise
reindeer husbandry under Swedish legislation is not a right of ownership of land and does
not entail formal title to or ownership of the land in question, but is a right of usufruct, which
allows them to use land and water for their own maintenance and that of the reindeer.
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