A/HRC/33/42/Add.3 1989 (No. 169), despite recommendations from international human rights mechanisms to do so.13 Sweden has endorsed the Guiding Principles on Business and Human Rights and adopted a national action plan for business and human rights in August 2015, similar to its Norwegian counterpart, primarily focused on human rights in Swedish business operations abroad. A central weakness of the national action plan is its lack of consideration of indigenous peoples, including the Sami. 36. Following a recent amendment, as of 1 January 2011, the Swedish Constitution recognizes the Sami as a people rather than a minority group in Sweden. The Sami Parliament Act established the Swedish Sami Parliament with the principal function of “monitoring issues concerning the Sami culture in Sweden”.14 2. Self-determination 37. As noted by the former Special Rapporteur, there is an ongoing need to increase the Sami parliaments’ autonomy and self-governance authority and to strengthen their ability to participate in and genuinely influence decision-making in matters that affect the Sami people (see A/HRC/18/35/Add.2, para. 37). Of particular concern is the structure of the Swedish Sami Parliament, which functions as both a State administrative agency and as a popularly elected body. Representatives of the Swedish Sami Parliament have expressed concern that its role as State administrative agency obliges it to implement policies and decisions made by the Swedish Parliament and government institutions, which are sometimes at odds with the policy preferences of the Sami people (see A/HRC/18/35/Add.2, para. 42). Concerns have also been raised about its limited decisionmaking power. 3. Rights to lands, water and natural resources 38. The Reindeer Herding Act recognizes the Sami people’s right to use land and water traditionally used for themselves and their reindeer.15 Reindeer herding rights in Sweden are exclusive to the Sami people and may only be exercised by those who are members of designated communities, known as samebyar, and who practise reindeer herding as their principal livelihood. Specific reindeer grazing areas have not yet been officially demarcated in Sweden. Importantly, in 2002 the Government appointed a Boundary Delimitation Commission to identify lands traditionally used by the Sami people. The Commission delivered its report in 2006.16 Although the former Special Rapporteur recommended that Sweden increase its efforts to demarcate the traditional territory of the Sami people (see A/HRC/18/35/Add.2, para. 82), the Government has not yet done so. The limited protection for the Sami people of their right to their lands and resources and the lack of concrete action, including the adoption of specific legislation, is cause for concern and continues to be subject to criticism by the United Nations human rights treaty bodies.17 39. Compounding the difficulty faced by the Sami in asserting their rights is the fact that the legal aid system in Sweden does not provide financial support for Sami people to that end, a concern also previously raised by United Nations human rights treaty bodies (see CCPR/C/SWE/CO/6, para. 21, and CERD/C/SWE/CO/18, para. 20) and the former Special Rapporteur (see A/HRC/18/35/Add.2, para. 51). In practice, the exclusion of Sami 13 14 15 16 17 See CERD/C/SWE/CO/19-21, para. 19; E/C.12/SWE/CO/5, para. 15; A/HRC/29/13, paras. 145.2145.4, 146.6 and 146.7; A/HRC/18/35/Add.2, para. 73; and CCPR/C/SWE/CO/7, para. 39. Sametingslag (1992:1433), sect. 1. Rennäringslagen (1971:437). Report of the Boundary Delimitation Committee (SOU 2006:14). See, for example, E/C.12/SWE/CO/5, para. 15; CERD/C/SWE/CO/19-21, para. 17; and CCPR/C/SWE/CO/7, para. 39. 11