This study considers international norms of indigenous right to land and compares them to Swedish law and preparatory works. In a Swedish context Samí land use, typically reindeer herding, is under increased pressure from mining, forestry and other extractions of natural resources. According to this study, the international norms are clear: there are customary rights to culture, encompassing land, and rights to consultation. There are also established rights to ownership of traditional lands and natural resources. There are disputes as to the strength of these rights but they can be considered international norms to different degrees. Furthermore, there are procedural requirements such as importance of customs and eased burden of proof. These international norms are considered to a low degree in Swedish law. The only traces found are rights to culture, encompassing land rights, and reindeer herding rights, an expression of land rights. These rights are not implemented in relevant legislation. Critical Race Theory explains a lot: the importance of ethnicity and racism and their connection to power emerges clearly. The state has constructed the majority view of the Samí and distributed rights accordingly. Preparatory work underlines how difficult a task it is to define land rights. The law is allowed to remain indeterminate, a disadvantage for the Samí. When rights are adjudicated by the Supreme Court the meaning is weakened. At the bottom line is a colonial view which aids commercial interests.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:ths-1341 |
| Date | January 2021 |
| Creators | König, Felix |
| Publisher | Enskilda Högskolan Stockholm, Avdelningen för mänskliga rättigheter och demokrati |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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