Course:FRST270/Wiki Projects/Challenges faced on land and sea by the Sami People of Norway

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Challenges faced on land and sea by the Sami People of Norway

Finnmark county

The Sami people inhabit a large portion of northern Scandinavia and this case study examines the difficult and unique lives of the Sami people in the high north of Norway. Difficulties begin when the Sami people's livelihoods are at stake on land and at sea due to changes in climate from global warming. The Sami people subsist off of reindeer herding and fishing so the land and seas are of great value to their traditions and livelihoods. Though the Sami people will continue to face challenges against the adverse effects of global warming, their lives in the past were not made any easier from the infringement of their rights by ethnic discrimination and disputes with the non-Indigenous over legal allocation of land and resources they so heavily rely on. In recent years, the Sami people have been recognized under the international convention of C169 as an Indigenous people, allowing them usufruct rights[1].

Description

Sapmi Region

The Sami people are dispersed across the Scandinavian region but the group we focus on in this case study are the Sami people of Norway. A great portion of the Sami people in Norway reside in the county of Finnmark in northern Norway. The Sami people’s traditional lifestyles do not include shopping at the grocery store because much of the subsistence of the Sami people comes from the Alta/Kautokeino River where fishing takes place, and the plains of Finnmark where reindeer husbandry occurs. This Sami case study focusses on issues of land tenure which has been a long-lasting struggle of the Sami people since the resources on their traditional land became contested for with the competition against mining and foresting companies [2], along with fishers from outside the Sami community [3]. These large-scale corporations provide the country with economic growth which puts the government into a controversial role of ‘who does the government favour?’. The Sami’s self-determination is at stake due to issues with prejudice against their culture [4] and the effects of climate change on resources. These issues slowly diminish the Sami population as their hunting traditions fade away as resources deplete, their culture becomes weaker as their language vanishes through Norwegian institutions [5], and their populations dwindle as more and more Sami people move to urbanized areas for work or a life away from a dying lifestyle [6].

Tenure arrangements

Tenure arrangements have a long history of changes due to colonialization of rural Scandinavian areas where Indigenous peoples are located. In past years prior to colonialization the Sami people had traditional rights over their land meaning they could practice traditional ways of life on their land with no government enforcing any sort of laws to infringe their rights or disallow them from using the land for purposes such as reindeer husbandry or fishing off the coast or in the rivers. These traditional rights were a form of customary rights that were not legislated by any means. But with the arrival of non-Indigenous people to the lands that contested for resources and land rights the Sami people faced challenges to obtain secure rights to their traditional land.

Issues surrounding land tenure arose with the infringement of Indigenous peoples’ rights, specifically the Sami peoples in Norway. The first step for the Sami people was to obtain rights for them to be recognized locally as an Indigenous group and by doing so this would allow them to have a greater impact on their quest to receive the rights they desire regarding land tenure. In June, 1990 the International Labour Organization (ILO) held a convention which was the result of politicians to banding together to speak about the challenges the Sami people faced in the ‘Alrta controversy’ [1]. The Alta controversy occurred in November, 1978 when a hydroelectric power project that which included a dam would dam the Alta River. This river was used for fishing by the Sami people in Finnmark county and when it’s well being was threatened, there was outrage by the community which sparked hunger strikes and protests which forced police to remove the protestors [1]. This incident made the Norwegian government realize that Indigenous rights must be recognized. This gathering of officials at the ILO resulted in the ratification of C169 which would officially name the Sami people as Indigenous peoples which would allow their rights to be protected under constitution [1]. This would be a big step in eliminating discrimination against the Sami people and a step in obtaining rights to land use. After the ratification of C169 in 1990, the Sami people were seeking legal use over their land to prevent competition with other users such as the state, mining and foresting corporations, or individual resource extractors such as fisher [7]. 

In 2005 the Finnmark Act was constituted in legalizing the ownership of land use rights for the Sami people [8]. The act contained Article 15 which states that the State must protect the rights of the Indigenous people's rights to use the land and resources [8]. The Finnmark Act allows the Sami people to claim ownership of the land in the Finnmark county, although this does not include the use of resources out at sea such as fishing. The Finnmark Act gives great insight on land tenure for the Sami people and can be used to reiterate the meaning of the convention C169 in a legal sense.

The Finnmark Act also aids in the process of providing Sami pastoralists with usufruct rights through the Ministry of Agriculture as stated in The Right to Herd Reindeer in the Light of the Report of the Sami Law Committee: “Through the practice of the courts it has been recognized that reindeer husbandry has a legal basis independent of statute law. This has also now been recognized by the Ministry of Agriculture, and it happened in connection with the amendment of the Reindeer Husbandry Act in 1996” [9].

In 2007 the United Nations adopted the Declaration on the Rights of Indigenous Peoples [1]. which was not a legally binding constitution but was still a formal agreement of Indigenous peoples’ culture and history to be recognized internationally. This declaration, in accordance with the international convention C169, was the most recent push into spreading awareness on an international scale of Indigenous rights.

Through the years the Sami have not been given legal ratification of rights to undertake fishing practices legally, that was not until 2011 when the Deatnu Agreement was set in place. Fishing is an important part of the Sami people’s lives and the issues of fishing in Finnmark county must be addressed. The Deatnu River runs through the Sapmi (traditional Sami lands). It is imperative that these fishing rights are protected by international law under the Deatnu Agreement. This article brings up the ILO 169 convention and the C169 within it that recognizes the Sami people as Indigenous peoples which allows their rights to be protected along with their fishing rights, and protection of these resources [10]. The Deatnu River is a 360-kilometre river that enters Norway from the Barents Sea near the Arctic and provides the Sami with fresh salmon stock. With all the adversaries, the Sami people face such as discrimination, the Deatnu Agreement ensures that their rights are not oppressed through any forms of negotiations or regulations that infringe their rights and tamper with their resources. Tenure arrangements were helped set in place by the constituency group known as the Sami parliament (Samediggi), alongside the Norwegian government and the United Nations. The Sami people rely on the resources so they must ensure their rights to their land and resources are legal over other competitors such as mining and foresting companies. Fishing rights for the Sami people are protected under international law through the Deatnu Agreement [10]. The Deatnu Agreement also brings up the ILO (International Labour Convention) 169 (C169) which recognizes the Sami people as Indigenous peoples, allowing their rights to be protected to use the land as subsistence use such as fishing and reindeer husbandry [10]. The process was long but the Sami people were successful in obtaining the rights they once had long before colonialism.

Administrative arrangements

Management authority is done by the Sami people as they have elected officials from their community to represent them in the Samediggi (Sami parliament). With this power the Sami have a direct influence in helping to provide recommendations on provisions or help implement regulations in any cases which allow the rightful use of land and resources by the Sami people. The Sami parliament is to aid with self-determination of the Sami people [1]. The Sami peoples' political fight to obtain claims to their land use rights through the ratification of C169. Obtaining land use rights by the Sami was a difficult task because of their challenges due to minimal power in politics and their adversary of racism. In aiding the Sami with these problems and ensuring their rights are respected and valued, along with their cultural, traditions and livelihoods protected, there were four ministries that were involved to back the Sami in these issues. The Ministry of Justice, The Ministry of Agriculture, the Ministry of Local Government and Labour, and the Ministry of Foreign Affairs all took part in separate categories in aiding the Sami people. Some of the support concepts behind the ministries listed below: "Ministry of Foreign Affairs supported Indigenous peoples in international organisations and conferences. Ministry of Justice responsible for Sami Rights Commission. Ministry of Agriculture responsible for reindeer husbandry, including dealing with recurring conflicts of interest between reindeer herders and farmers. Ministry of Local Government and Labour had coordinating responsibility for Sami policies and also responsible for ILO (International Labour Organization) issues." Land tenure before June of 1990 was customary as it was only recognized by the Norwegian government, as quoted in the article "Governments shall ensure that possession, use or ownership, coflective or individual, of lands which the members of the populations concerned occupy, is recognized." [1]

Affected Stakeholders

Sami reindeer herder in Norway

Affected stakeholders in this case study include the Sami people which are comprised of reindeer herders and fishers, alongside the Sami people are also the non-Indigenous people who use the land to hunt or fish whom are affected by land tenure issues.

The Sami are directly affected because they are the traditional users of the land dating back centuries. In recent years, the Sami people have legislated claims over the land they formerly ‘owned’. The Sami people’s main sources of subsistence come from fishing and reindeer husbandry which make their objectives to claim legal ownership of their land to ensure these traditions are safeguarded. The non-Indigenous individuals who use the land such as fishermen are affected if they rely on the resources solely as direct income. If these fishermen are commercial fishers where they are paid salaries, then they are not affected [11].

Interested Outside Stakeholders

Interested stakeholders in this case study involve non-Indigenous commercial fishers in the Sápmi region in Norway. These fishing industries may include Russian companies which set landings in the Finnmark county and may be interested in the Sápmi areas to fish because of high salmon stocks but are not affected with the constitution of C169 [11]. The power of these fishing industries does not exceed that of the Sami as the Indigenous have legal claims to resource and land uses. Other interested stakeholders are the government of Norway who desire conservation of these resources. Though the Sami have legal claims to the usage of these resources they are still limited from destroying their own land by overconsumption such as from reindeer grazing on pastures, as part of government regulations by the Common Agricultural Policy (CAP) [12].

Discussion

Prejudice against the Sami people have delayed their ability to obtain power and a voice in self-determination, a goal was to reduce discrimination against Indigenous culture and preserve their traditions and language. One intention of the Sami people was to claim legal rights over their traditional land and they were successful in doing so by the acts of the Samediggi in the international convention C169. This community forestry project aims to allow resource usage by Indigenous with intentions of not destroying the habitat through overconsumption. This action is promoted by government stakeholders. Climate change has serious affects on the livelihoods of the Sami people as temperature changes reduce salmon stocks and extreme weathers dry out grazing fields. Minimal climate change has serious affects on the livelihoods of the Sami people as temperature changes reduce salmon stocks and extreme weathers dry out grazing fields. Minimal temperature changes globally go unnoticed to the average human but the salmon off the coast of Norway [13], in the Alta/Kautokeino River and elsewhere globally are greatly affected because of their sensitivity to mild temperature changes in water. These salmon have their migration and spawning patterns affected and they also develop disease [14] as a result of warming sea temperatures.

Assessment

In assessing these groups of social actors we find they have differing powers relating to resource usage or governing of the access to these resources. The social actors in this case are the Sami people, the non-Indigenous who use or extract resources within the Sapmi region in Finnmark, and the government of Norway. The non-Indigenous individuals do not have power in claiming legal rights over resources in the Sampi region which makes them the weakest link in the case of the Sami people. Non-Indigenous groups or corporations have their authority backed by the government to extract resources within the Sapmi region if a project is passed through the Samediggi (Sami parliament) that would benefit their community with monetary benefit [5]. The Sami people have usufruct rights over the land in the Sapmi region, constituted by C169, the Finnmark Act, and the Deatnu agreement. The Sami people also have elected officials from their communities to represent them in the Samediggi (Sami parliament) for improving Sami self-determination in the future [15]. The government of Norway ultimately has the greatest power of all in they can pass bills and constitute laws yet they can still take away rights. This is a controversial role the State plays in that it has this ability to play both sides. One side in helping the Indigenous but also another side in allowing corporations to extract resources for economic growth. The benefits of the Samediggi are that they aid in the constitutionalizing of laws and regulations and this in the long run makes it more difficult for these rules to be changed when written in law by the government.

Recommendations

Reindeer in Norway

A concern is the diminishing populations of the Sami people and it is due to the emigration of Indigenous individuals to more urbanized areas. These issues occur in communities that exist in the Sapmi region, such as in Finnmark county and Sami populations surrounding the Deatnu River and Alta River. This is the cause of factors such as environmental degradation in traditional Indigenous lands and the depleting of their livelihood resources such as fish, clean water, and grazing mammals. Such environmental degradation issues arise at the hands of climate change and destruction of natural habitats from resource extraction companies such as mining and foresting corporations. Recommendations for governments should include less destructive processes of extracting resources. Governments should more strongly address the issues of climate change and take collective action against mitigating the problems created by mass extraction of resources. The state in this case of Norway, should also include more stronger policies to aid in the constitutional rights of Indigenous peoples world-wide, including the Sami people. If these laws are to be written in national and international law, it would allow for the Sami people to retain their resources on their traditional land, to subsist and thrive for future generations by minimizing damages done in rural areas that Indigenous peoples call home.

References

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Hanne Hagtvedt, V., & Semb, A. J. (2013). Who Owns the Land? Norway, the Sami and the ILO Indigenous and Tribal Peoples Convention. International Journal On Minority & Group Rights, 20(4), 517-550. doi:10.1163/15718115-02004002
  2. ↑ Lawrence, R., & Larsen, R. K. (2017). The politics of planning: assessing the impacts of mining on Sami lands. Third World Quarterly, 38(5), 1164-1180. doi:10.1080/01436597.2016.1257909
  3. ↑ Ravna, Ø. (2015). Accessible Worldwide - and Higher Ambitions. Arctic Review On Law & Politics, 6(1), 1-2. doi:10.17585/arctic.v6.88
  4. ↑ Hansen, K. L., Minton, S. J., Friborg, O., & Sørlie, T. (2016). Discrimination amongst Arctic Indigenous Sami and Non-Sami Populations in Norway: The SAMINOR 2 Questionnaire Study. Journal Of Northern Studies, 10(2), 45-84.
  5. ↑ 5.0 5.1 Josefsen, E., Mörkenstam, U., & Saglie, J. (2015). Different Institutions within Similar States: The Norwegian and Swedish Sámediggis. Ethnopolitics, 14(1), 32-51. doi:10.1080/17449057.2014.926611
  6. ↑ Hansen, K. L. (2015). Ethnic discrimination and health: the relationship between experienced ethnic discrimination and multiple health domains in Norway's rural Sami population. Circumpolar Health Supplements, 741-12. doi:10.3402/ijch.v74.25125
  7. ↑ Lawrence, R. (2014). Internal colonisation and Indigenous resource sovereignty: wind power developments on traditional Saami lands. Environment & Planning D: Society & Space, 32(6), 1036-1053. doi:10.1068/d9012
  8. ↑ 8.0 8.1 Graver, H. P., & Ulfstein, G. (2004). The Sami People's Right to Land in Norway. International Journal On Minority & Group Rights, 11(4), 337-377. doi:10.1163/1571811042791175
  9. ↑ Bull, K. S. (2001). The Right to Herd Reindeer in the Light of the Report of the Sami Law Committee. International Journal On Minority & Group Rights, 8(2/3), 223-234. doi:10.1163/15718110120908402
  10. ↑ 10.0 10.1 10.2 Peder Selfors, Á. N. (2015). One Valley, Three Hands: The Bilateral Negotiations of the Deatnu Agreement and Its Impact on Sami People's Rights. Arctic Review On Law & Politics, 6(1), 52-73. doi:10.17585/arctic.v6.59
  11. ↑ 11.0 11.1 Bull, K. S. (2015). Russian Fishing Activities off the Coast of Finnmark--A Legal History. Arctic Review On Law & Politics, 6(1), 3-10. doi:10.17585/arctic.v6.60
  12. ↑ Ulvevadet, B., & Hausner, V. H. (2011). Incentives and regulations to reconcile conservation and development: Thirty years of governance of the Sami pastoral ecosystem in Finnmark, Norway. Journal Of Environmental Management, 92(10), 2794-2802. doi:10.1016/j.jenvman.2011.06.026
  13. ↑ Beiler, R. R. (2015). Warm and warmer. Christian Century, 132(11), 12-13.
  14. ↑ Stene, A., Bang Jensen, B., Knutsen, Ø., Olsen, A., & Viljugrein, H. (2014). Seasonal increase in sea temperature triggers pancreas disease outbreaks in Norwegian salmon farms. Journal Of Fish Diseases, 37(8), 739-751. doi:10.1111/jfd.12165
  15. ↑ Falch, T., Selle, P., & Strømsnes, K. (2016). The Sámi: 25 Years of Indigenous Authority in Norway. Ethnopolitics, 15(1), 125-143. doi:10.1080/17449057.2015.1101846
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