1. What about interests, rights, and laws of indigenous peoples in the North? The case of the Sámi people in Scandinavia, Finland and Russia Dawid Bunikowski, Dr., Postdoc. Law School, University of Eastern Finland Petrozavodsk State University, 21-23.9.2014

8. Fields of cooperation EAST - NORTH The Saami customary laws Rights of indigenous peoples Theory and practice: how the law really works

9. Measures of cooperation Conducting the research in Sweden, Norway, Finland, and Russia. Sharing the results (many ways). Establishing a network about events and research. Cooperating in projects. Developing the Arctic law network by e. g. University of the Arctic Thematic Network on Arctic Law.

10. More The idea of Centre for Saami Customary Laws and Legal Pluralism Both a network (of universities, institutes and scholars from Norway, Finland, Sweden and Russia) and an institute (the Academy project?)

11. First, legal pluralism Idea Examples Traditions Challenges

12. Then, the Saami customary laws As a part of the Sami culture and tradition The only one aboriginal nation in Europe Reindeer husbandry and grazing Organization in siidas Hunting lands Fishing lands

13. Axiology - values The institutional axiology The real axiology

14. IA, RA IA: The Constitutions, the Legislation, plus the Proposed Nordic Saami Convention, the case law and international public law. The second Lapp Codicil? RE: Facts and violations.

15. Finland’s Constitution of 1999 Section 17 - Right to one's language and culture (…) The Sami, as an indigenous people, as well as the Roma and other groups, have the right to maintain and develop their own language and culture. Provisions on the right of the Sami to use the Sami language before the authorities are laid down by an Act. The rights of persons using sign language and of persons in need of interpretation or translation aid owing to disability shall be guaranteed by an Act. Section 121 - Municipal and other regional self-government (…) Provisions on self-government in administrative areas larger than a municipality are laid down by an Act. In their native region, the Sami have linguistic and cultural self- government, as provided by an Act.

16. Act on the Sámi Parliament (974/1995) Chapter 1 — General provisions Section 1 — Objective of the Act (1279/2002) (1) The Sámi, as an indigenous people, have linguistic and cultural autonomy in the Sámi homeland as provided in this Act and in other legislation. For the tasks relating to cultural autonomy the Sámi shall elect from among themselves a Sámi Parliament.

17. Section 4 The Sámi homeland means the areas of the municipalities of Enontekiö, Inari and Utsjoki, as well as the area of the reindeer owners’ association of Lapland in Sodankylä. A map showing the boundaries of the homeland shall be published in the decree or its schedule.

18. Section 5 Section 5 — General powers (1) The task of the Sámi 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. (2) In matters pertaining to its tasks, the Sámi Parliament may make initiatives and proposals to the authorities, as well as issue statements. The very advisory role, without real power!

19. Section 9 — Obligation to negotiate The authorities shall negotiate with the Sámi Parliament in all far reaching and important measures which may directly and in a specific way affect the status of the Sámi as an indigenous people and which concern the following matters in the Sámi homeland: (1) community planning; (2) the management, use, leasing and assignment of state lands, conservation areas and wilderness areas; (3) applications for licences to stake mineral mine claims or file mining patents; (4) legislative or administrative changes to the occupations belonging to the Sámi form of culture; (5) the development of the teaching of and in the Sámi language in schools, as well as the social and health services; or (6) any other matters affecting the Sámi language and culture or the status of the Sámi as an indigenous people. Negotiations, sometimes, have one foot in the grave….

20. Sámi Language Act (1086/2003) Section 2 — Scope of application The following public authorities shall be subject to the provisions of this Act: the municipal organs of Enontekiö, Inari, Sodankylä, and Utsjoki, as well as the joint municipal authorities where one or more of the said municipalities are members; the courts and State regional and district authorities whose jurisdiction covers the said municipalities in full or in part; the provincial government of Lapland and the organs attached to it; the Sámi Parliament, the Advisory Board for Sámi Affairs and a village meeting referred to in section 42 of the Skolt Act (253/1995); the Chancellor of Justice of the Government and the Parliamentary Ombudsman; the Consumer Ombudsman and the Consumer Complaints Board, the Ombudsman for Equality and the Council for Equality, the Data Protection Ombudsman and the Data Protection Board, and the Ombudsman for Minorities; the Social Insurance Institution and Farmers’ Social Insurance Institution; and the State administrative authorities that hear appeals against decisions of administrative authorities referred to above. This Act applies also to administrative procedure under the Reindeer Husbandry Act (848/1990) and the Reindeer Husbandry Decree (883/1990) in the State authorities and herding cooperatives whose jurisdiction covers the Sámi homeland in full or in part, as well as in the Reindeer Herders’ Association.

21. Sweden’s The Instrument of Government of 1974 Art.. 2: (…) The opportunities of the Sami people and ethnic, linguistic and religious minorities to preserve and develop a cultural and social life of their own shall be promoted.

22. Norway’ Constitution of 1814 (amended in 1987) Article 110 a It is the responsibility of the authorities of the State to create conditions enabling the Sami people to preserve and develop its language, culture and way of life. The Sami Act of 1987 etc. Etc.

23. Conflicts of laws Oil and gas law and policies v. environmental law and customary laws? Yes, Saami customary law, and actual and potential conflicts with oil&gas law or other state polices e.g. water and energy policy or public infrastructure and tourism policies Land rights Cultural rights, resource management Borders in the 19th century

24. The Canadian project – how to evaluate the Scandinavian countries? recognition of land rights/title – NO or only partially recognition of self-government rights - PARTIALLY upholding historic treaties and/or signing new treaties - NO recognition of cultural rights (language; hunting/fishing) -YES recognition of customary law - NO guarantees of representation/consult. in the central gov.- YES or only partially Constitutional/legislative affirmation of the distinct status of IP- YES or only partially support/ratification for international instruments on indigenous rights – NO or only partially affirmative action – NO. See more: Multiculturalism Policy, Queen’s University, Kingston.

25. Russia The 1993 Constitution, Article 69 state: "The Russian Federation guarantees the rights of small indigenous peoples in accordance with the generally accepted principles and standards of international law and international treaties of the Russian Federation”. Plus the laws of 2001 – how works??? Regional law, Code of the Murmansk Oblast, Article 21: "In historically established areas of habitation, Sami enjoy the rights for traditional use of nature and [traditional] activities”.

26. Russia Facts: In the Sami homeland on the Kola Peninsula in northwestern Russia, regional authorities closed a fifty-mile (eighty-kilometer) stretch of the Ponoi River (and other rivers) to local fishing and granted exclusive fishing rights to a commercial company offering catch-and-release fishing to sport fishers largely from abroad. They must pay for licenses to catch a limited number of fish outside this area. The source: Indigenous Rights in Russia: Is Title to Land Essential for Cultural Survival?, Spring, 2001 13 Geo. Int'l Envtl. L. Rev. 695, Gail Osherenko

27. Russia „In the Russian North today, indigenous peoples face threats from mineral, oil, and gas development, timber cutting, commercial fishing, and tourism. The life ways and economy of indigenous peoples of the Russian North are based upon reindeer herding, fishing, terrestrial and sea mammal hunting, and trapping. Yet the indigenous movement in Russia has not followed the lead of indigenous leaders in North America, New Zealand, Australia, and elsewhere, who have sought to secure title to lands and waters through the courts when competing industrial interests threatened the livelihood of their people”.

28. Problems or solutions The right of indigenous peoples to own law (as in the 18th century, look at the legal history) The right to self-determination „People”, „nation”, not „ethnic minority” (in terms of international law)

29. Behind the current state of things The (liberal) nation state, nationalism Colonialism, Colonisation  Norwegianization, Finnicization, settlement in new territories, while destroying language, culture, land rights there The role of Protestantism/Lutheranism (conservative) The role of commerce, farmers, merchants Social darwinism and hierarchy of cultures’ theories

30. Inspiration from one keynote speech „North Beyond Borders” – yes, the Saami people are the nation beyond the borders „conflict of interests” v. „sprit of cooperation” – yes, but what is more important? „international culture”, „Kantian culture” – yes, but what is the result for the Saami people? „Nordic Declaration of Solidarity” – yes, but what about the Saami rights?

31. Спасибо большое! dawid.bunikowski@uef.fi