A/HRC/18/35/Add.2
Lapland in Sodankylä.”19 The Sami Parliament Act establishes the Finnish Sami
Parliament, replacing the previous Sami Parliament that had operated from 1972-1995,
which was the first elected Sami body within any of the Nordic countries. The 21 members
and four vice-members of the Sami Parliament are chosen by the Sami through elections
every four years.20
28.
The Finnish Sami Parliament Act states that “the Sami as an indigenous people shall
… be ensured cultural autonomy within their homeland in matters concerning their
language and culture.” Under the Act, the task of the Sami Parliament is “to look after the
Sámi language and culture, as well as to take care of matters relating to their status as an
indigenous people.” Within the Sami homeland, the parliament may make proposals and
issue statements to State authorities. Furthermore, the act affirms that authorities shall
negotiate with the Sami Parliament regarding “all far-reaching and important measures that
directly or indirectly may affect the Sami’s status as an indigenous people,” including
matters relating to the management, use, leasing and assignment of State lands,
conservation areas and wilderness areas, among other issues. Despite the strong statutory
affirmations of the Sami Parliament Act, as a practical matter the Finnish Sami Parliament
has limited decision-making power, as discussed in section IV(A)(2) below.
29.
Current Finnish legislation does not acknowledge or grant any special land rights to
the Sami people or acknowledge any exclusive rights for the Sami people to pursue their
traditional livelihoods, within or outside of the homeland areas. Furthermore, unlike in
Norway and Sweden, in Finland reindeer husbandry is not reserved for Sami people in
particular but rather is open to any citizen of the European Union. According to the
Government of Finland, it has made many efforts to resolve Sami land rights issues through
legislation, but has faced difficulties balancing the interests of Sami and other people living
in the same areas and sharing the same livelihoods.21
30.
However, the Reindeer Husbandry Act of 1990 requires that State authorities consult
with representatives of the reindeer herding cooperatives when planning measures on State
land that will have a substantial effect on reindeer herding. Also, recent Government
proposals for amendments to the Mining Act and the Waters Act would provide some
protection of Sami culture, including requirements that effects on Sami culture be taken
into account in assessing impacts prior to issuance of permits.
31.
Like Norway and Sweden, Finland has ratified all major United Nations human
rights treaties, as well as the Framework Convention for the Protection of National
Minorities and the European Charter for Regional or Minority Languages. Finland also
voted in favour of adoption of the Declaration on the Rights of Indigenous Peoples, but has
not ratified ILO Convention No. 169, although this has been recommended by United
Nations treaty bodies and within the framework of the Universal Periodic Review.22
19
20
21
22
Act on the Sámi Parliament (No. 974/1995), chap. 1, section 4.
Ibid., chap. 3, section 10.
CERD/C/FIN/19, Government Periodic Report to the Committee on the Elimination of Racial
Discrimination.
See, e.g., CERD/C/FIN/CO/19, para. 14; A/HRC/8/24.
9