A/HRC/33/42/Add.3
in Vapsten’s traditional territory while the case was before the Committee. Faced with lost
productivity due to the temporary shutdown, the company pulled out of the venture in 2015.
While the Special Rapporteur does not wish to prejudice the outcome of the proceedings of
the Committee, she is of the view that the case of Vapsten poignantly illustrates the need
for a domestic regulatory framework that adequately recognizes and protects Sami rights in
accordance with international human rights standards.
5.
Language and education
49.
Under the National Minorities and Minority Languages Act,26 Sami languages
spoken in Sweden are granted protections within certain designated administrative areas,
including with respect to dealings with State agencies. Those legal guarantees, however,
remain only partially implemented, often as a result of a lack of staff with Sami language
skills.
50.
In Sweden, education in the Sami language is mainly guaranteed in the Swedish
Sami schools created in the 1990s. Currently, a Sami school pupil is required to enrol in
800 hours of Sami teaching. Over a period of six years of schooling, that amounts to fewer
than four hours a week. Currently, there are only five Sami schools and their coverage does
not extend to the entire Sami region.
51.
Swedish municipalities may enter into agreement with any of the five Sami schools
to pursue so-called integrated Sami teaching, meaning that they commit to provide Sami
language teaching similar to that offered by the Sami schools, that is, 800 hours over six
years. At present, only 9 of the 19 municipalities in the Sami administrative area provide
integrated Sami teaching. In Sweden, Sami teaching is sporadic at best, with no schools
providing regular Sami teaching beyond the elementary school levels.
52.
The Swedish Educational Decree adopted in 201127 appears to further reduce the
possibility for full Sami language immersion. Under the Decree, a student who is a member
of a national minority, including the Sami people, has the right to mother-tongue teaching
in his or her language. However, in primarily aiming to integrate national minorities, the
Decree specifies that only half of the total amount of teaching can be in the mother tongue
of the student and it is planned so as to ensure that teaching progressively increases in
Swedish. Together, those requirements form an obstacle to effective Sami language
teaching and prevent more Sami children from learning Sami languages.
C.
Finland
1.
General legal and policy framework
53.
Finland is party to all the major United Nations human rights instruments and voted
in favour of the United Nations Declaration on the Rights of Indigenous Peoples. Finland
has not ratified the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169),
although a proposal for ratification is currently under consideration. Similar to Norway and
Sweden, in October 2014 Finland endorsed the Guiding Principles on Business and Human
Rights and developed a national action plan for their implementation. While the action plan
stipulates that Finland is committed to continuing a dialogue relating to the human rights
impacts of business activities with United Nations bodies for indigenous peoples, there is
no specific consideration of the impact of business operations in Finland and their potential
impacts on the Sami people.
26
27
14
Lag (2009:724) om nationella minoriteter och minoritetsspråk.
Skolförordningen (2011:185).