A/HRC/18/35/Add.2
livelihoods or their lands.40 However, in general, laws and policies in the Nordic States with
respect to natural resource extraction and development do not provide sufficient protections
for Sami rights and livelihoods, and do not involve Sami people and the Sami parliaments
sufficiently in the development processes. There is often no compensation for loss of
pasture areas from natural resource extraction or other development projects, although in
Norway the Reindeer Husbandry Act does requires that compensation be given to reindeer
herders for expropriation of the right to use lands for reindeer husbandry. Additionally,
benefit sharing opportunities are rare, especially with respect to mining and oil and gas
development.
57.
In Norway, reindeer husbandry is potentially threatened by oil and gas development
in the far north. The Norway Mineral Act of 2009 requires that Sami cultural life be
safeguarded under the act and also requires, in Finnmark County, that the Sami Parliament
and the landowner have the opportunity to comment during the process of authorizing a
permit. Nevertheless, the Norwegian Sami Parliament has expressed concern that the act
does not provide an adequate level of consultation with the Sami Parliament on applications
for permits within Finnmark County, or any consultation for applications affecting
traditional lands outside that county.
58.
In Sweden, the Sami have faced increasing pressures on their traditional lands from
mining and wind-power development projects. The current Mining Act does not contain
any provisions to accommodate for any special rights relevant to Sami people, and existing
mining policies do not appear to be sufficient to protect Sami interests and rights over lands
affected by mining. The Special Rapporteur has been monitoring in particular the situation
of Kiruna Town. Luossavaara-Kiirunavaara AB, a mining company in which the
Government has substantial ownership, has plans to relocate about half of the town to
accommodate the expansion of an existing iron ore mine. The planned mining is squarely
within an area of the reindeer herding grazing lands of Sami communities and vital reindeer
migration paths. The Special Rapporteur has received complaints that the Sami have not
been sufficiently consulted to ensure that impacts are minimized. Sweden has responded
noting that the two Sami communities in the immediate vicinity of Kiruna town – Gabna
and Laevas – have participated in the process of developing plans, including during a study
on how reindeer herding will be affected by the changes and during an analysis of the
cumulative effects on reindeer herding. Sweden stated that it has thereby fulfilled its
obligations under both Swedish law and the Declaration on the Rights of Indigenous
Peoples.41
59.
In Finland, for decades Sami have expressed concern over the effects of logging on
reindeer herding activities. According to Metsähallitus, Finland’s governmental forestry
enterprise, the logging volume within the reindeer herding area has decreased significantly
following agreements with reindeer herders. Also, in 2010, Metsähallitus and reindeer
herding cooperatives concluded agreements concerning the use of forests. However,
ongoing logging continues to pose a threat in areas that are vital to Sami reindeer herding,
40
41
16
For example, in Norway, the Forestry Act stipulates that the act may “not be applied in contravention
of the rights of Sami reindeer herders to timber and fuel.” (Chap.. 1, section 2). In Sweden, the
Forestry Act requires that “when planning and implementing forest management measures, it is
desirable that the Sami village concerned be given annual access to both a sufficiently large and
cohesive grazing area, and an ample amount of vegetation in those areas used for reindeer corralling,
migration and resting.” (Section 31). In Finland, the Forestry Act stipulates that the Government shall
consult with the Sami Parliament when issuing regulations concerning forest management. (Section
12(1)).
A/HRC/15/37/Add.1, para. 384.