A/HRC/18/35/Add.2
Encouragingly, the Sami Parliament has stated that it has observed an increased interest in
participating in language revitalization programmes, but notes that funds are too limited to
accommodate all those wishing to participate. Despite these efforts, further efforts to
facilitate and promote the use of the Sami language are needed in order to overcome the
lingering effects of the history of harsh assimilation policies in Norway, which banned the
use of the Sami language and yoiking, a traditional Sami form of song, for decades.
65.
Unlike in Norway and Finland, there is no legislation in Sweden that specifically
protects the Sami language. But under the recent Act on National Minorities and National
Minority Languages, the Sami language, along with other classified minority languages
(such as Finnish) are granted special protections within certain designated “administrative
areas.” Under the Act on National Minorities and National Minority Languages, within the
17 municipalities that make up the Sami administrative area, individuals have the right to
use Sami in their dealings with State authorities as well as the right to preschool and elderly
care either partly or completely in the Sami language. Nevertheless, municipalities have
difficulties in complying with their obligations due to a lack of Sami-speaking staff and a
reported public negative attitude towards the Sami culture. Outside these municipalities, the
ability of Sami people to use their language is guaranteed only in dealings with a few major
State institutions, but otherwise depends on the availability of Sami-speaking personnel.
66.
The Constitution of Finland guarantees the right of the Sami people to maintain and
develop their own language and culture and the Sami Language Act of 2003 affirms that
Sami people have the right to use the Sami language before certain State authorities and in
relation to certain administrative and legal procedures, especially within the Enontekiö,
Inari, Sodankylä and Utsjoki municipalities, the core Sami area.42 However, as a practical
matter, these legal protections are not implemented, due in large part to the lack of
knowledge of municipal and national State authorities in Sami languages. Even within the
core Sami area, access to social and health care services in the Sami language is described
as a matter of chance. There have been some language revitalization efforts, the most
successful being the language “nest” programmes in Inari, which offer language and
cultural immersion at the preschool level and for which the Ministry of Education and
Culture has committed renewed funding in 2011. Importantly, according to the
Government’s Report to Parliament on the Human Rights Policy of Finland 2009, the
Government will prepare a comprehensive programme to revive the Sami language, with
focuses on early childhood education, teaching, social welfare and health care, culture, the
media and economic policy.
D.
Culturally appropriate education
67.
Education is essential to maintaining and revitalizing Sami history, culture,
knowledge and, of course, language. One common feature in all Nordic countries is that
Sami students may study in the Sami language within the designated Sami areas, which are
defined by law. However, some 50 per cent of Sami people, and 70 per cent of children
under 10, live outside of the designated areas.
68.
Of the three countries, Norway has made the most advancement in developing a
comprehensive Sami educational policy. The Education Act guarantees that all Sami pupils,
regardless of where they live, have the right to be taught their native language as part of
their compulsory schooling. Outside the Sami area, students have the right to study Sami if
at least ten pupils in the municipality request such instruction and the opportunity for
distance learning in the absence of a Sami speaking teacher. Despite the increasing number
42
18
Sámi Language Act (1086/2003), chapter 2.