Actualizing Sámi Rights: International Comparative Research

Abstract

In Finland, implementation of the rights of Sámi have faced challenges. This research aims at providing knowledge Finnish Government has requested, particularly related to land- and participatory rights of Sámi and the Sámi definition. This research is an international comparative study, which aims to provide new information concerning recent developments of indigenous peoples’ rights in international law as well as legal solutions related to indigenous peoples in other relevant countries. The research report consists of four main parts. First part takes a look at legal status of Sámi and related proposals, which are viewed from the perspective of international legal obligations. Second part discusses the problematics of Sámi definition in the light of international law as well as in the legal praxis of the Supreme Court of Finland. This part includes also a description of the backgrounds and reasons for the battle concerning the definition. Third part focuses on indigenous peoples’ legal status and rights in international law, with special reference to the principle of free, prior and informed consent (FPIC), as well as interpretation of land rights provisions of ILO Convention 169. Fourth part consists of legal comparison including country reports on Norway, Sweden, Aotearoa New-Zealand, Canada and chapter on Latin America. This section includes conclusions summarizing essential elements regarding legal solutions of each selected countries that can provide best practices for advancing Sámi rights in Finland.