A/HRC/57/62 to the Declaration, citing a provision on Indigenous Peoples’ rights to maintain and develop their institutions, customs, traditions and juridical systems. 86 65. In Sweden, disagreements persist concerning the management of hunting and fishing rights in reindeer herding areas. Political attempts to resolve this issue have proven unsuccessful. The Swedish reindeer herding industry strategically identified a pivotal case and rallied collective support. While the Supreme Court actively invoked the Declaration in the case, it also made an interesting observation about the Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization. Despite the fact that Sweden has not ratified that Convention, the Supreme Court acknowledged the relevant articles therein as expressions of general principles under international law. 87 66. In a landmark decision in 2021, the Supreme Court of Norway ruled that Norway had violated the human rights of the Sami People in a wind farm project on the Fosen peninsula. Nevertheless, the Government’s failure to implement the ruling sparked protests and activism by Indigenous and local youth. More than a year after the court ruling, the Government conceded to the existence of a human rights infringement.88 67. In 2019, the Constitutional Court of the Russian Federation reaffirmed that communities of small-numbered Indigenous Peoples were entitled to distribute resources independently among themselves using their own procedures. That enabled them to transfer hunting quotas to the community members who are certified hunters. 89 68. In 2023, in the United States of America, the Supreme Court ruled in the Arizona v. Navajo case that the State did not have a legal requirement to take affirmative steps to establish or protect the water rights of the Navajo Nation from use and diminishment by competing water development.90 69. In Canada, there are notable cases relating to Indigenous rights and the Declaration. In 2014, in Tsilhqot’in Nation v. British Columbia, the Supreme Court held that Aboriginal title provides the Tsilhqot’in Nation with the right to determine the uses to which the land is put and to enjoy its economic fruits. However, to date, the provincial and federal governments have reportedly failed to amend their laws to provide space for the Tsilhqot’in Nation to explicitly exercise the legal jurisdiction associated with these rights.91 In 2022, the Quebec Court of Appeal made a groundbreaking ruling in which it found that the inherent right to self-government of First Nations, Inuit and Métis is recognized and affirmed by section 35 of the Constitution Act (1982) and includes jurisdiction over child and family services. That was the first time a Canadian court had recognized that Indigenous Peoples have a constitutionally protected right to self-government.92 In February 2024, the Supreme Court of Canada affirmed that the Declaration and the legislated commitment of Canada to its implementation can be critical factors in determining the constitutionality of domestic legislation.93 86 87 88 89 90 91 92 93 14 Submission from New Zealand Human Rights Commission, November 2023. See also Supreme Court of New Zealand, Ellis v. R, Judgment, 7 October 2022. Swedish Supreme Court decision T 853-18. Presentation by Eirik Larsen at the expert meeting, November 2023. See also submission from Saami Council. Norwegian Supreme Court decision HR-2021-1975-S. Presentation by Eirik Larsen at the expert meeting, November 2023. See also submission from Saami Council. Submission from Regional Association of Indigenous Small-Numbered Peoples of the North of Krasnoyarsk Territory, Union of Indigenous Peoples “SOYUZ” and Siberian Federal University. Submission from Tribal Justice Clinic, University of Arizona. See also Arizona v. Navajo Nation, 599 U.S. 555 (2023). Submission from Tŝilhqot’in Nation. Submission from British Columbia Treaty Commission. See https://www.scc-csc.ca/case-dossier/cb/2024/40061eng.aspx#:~:text=The%20essential%20matter%20addressed%20by,of%20reconciliation%20with%20 Indigenous%20peoples. GE.24-13517