UN Calls on Finland to Address Violations of Sámi Rights

Summary#

At the end of August, the United Nations Committee on the Elimination of Racial Discrimination (CERD) issued recommendations on how Finland should better uphold the human rights of minorities. Several recommendations concerning the Sámi people were included.

The committee views the reform of the Sámi Parliament Act and the completion of the Truth and Reconciliation Commission’s final report as positive progress.

In its report, the committee notes the need to monitor the practical implementation of the principle of free, prior, and informed consent (FPIC) regarding the Sámi.

The committee recommends implementing the new Sámi Parliament Act in a manner that upholds the Sámi people’s right to self-determination and their right to define membership of their own people. The committee also addresses the situation of the Forest Sámi in its report.

CERD Recommendations Concerning the Sámi#

Pirita Näkkäläjärvi, president of the Sámi Parliament, welcomes the fact that the recommendations also mention the Sámi people’s rights to traditional lands, territories, and natural resources. “It is important that they take into account new threats to land use, such as the green transition and various energy and mining projects.”

According to the recommendations, such projects should not be approved without FPIC.

The committee urges ensuring that the Sámi people and the Sámi Parliament can participate genuinely and effectively in decision-making processes.

In Näkkäläjärvi’s view, the new obligation to cooperate and consult opens up significant opportunities for the Sámi to exert influence and collaborate at the state level.

“According to Section 9, the aim of consultations must be to reach consensus with the Sámi Parliament or to obtain the Sámi Parliament’s consent prior to making a decision.”

The committee also recommends establishing a plan—with adequate resources and a clear timeline—to implement the recommendations of the Truth and Reconciliation Commission.

Näkkäläjärvi hopes the Finnish state will provide additional resources to implement the CERD recommendations. Currently, the Sámi Parliament holds a strong position for advancing Sámi interests but possesses limited resources.

CERD: The Situation of the Forest Sámi Should Be Taken into Account#

In addition to recommending that the implementation of the Sámi Parliament Act take into account the realization of the Sámi people’s right to self-determination and their right to decide on membership within their own community, the committee also recommends that all Sámi groups—including the Forest Sámi—be able to enjoy these rights equally.

The Forest Sámi have not been recognized as a distinct Sámi group. They are represented by the Cooperation Organization of Finland’s Original Sámi; its chairperson, Merja Mattila, hopes that the committee’s remarks will lead to an improvement in the status of the Forest Sámi.

“This is the first time the status of the Forest Sámi has been raised at an international level.”

The report notes that the amended Sámi Parliament Act may not sufficiently take into account the situation of the Forest Sámi.

“That is absolutely true, as the Sámi Parliament Act does not take into account all of Finland’s Sámi people,” says Mattila.

Mattila expects the Finnish state to increase dialogue between various parties in the future.

Sámi Parliament President Pirita Näkkäläjärvi points out that the Sámi Parliament’s task is to safeguard recognized and living Sámi languages. She does not see a connection between the so-called Forest Sámi and living Sámi language groups.

“Our task here at the Sámi Parliament is to focus on living Sámi languages and their associated cultures, traditional livelihoods, and ways of life,” Näkkäläjärvi emphasizes.

According to the interpretation of human rights expert Martin Scheinin, the recommendations underscore the Sámi people’s right to self-determination: if a person’s parents or grandparents learned a Sámi language as their first language, that person should not be excluded from the electoral roll simply because they identify as Forest Sámi.

“As I see it, the committee’s intent is that anyone who identifies as Sámi and meets the eligibility criteria should be included in the electoral roll on equal terms,” says Scheinin.

Scheinin emphasizes, however, that this does not entitle the Forest Sámi to bypass the established criteria for inclusion in the electoral roll, nor does it support the notion that there is a distinct group of Sámi in Finland currently excluded from the scope of the Sámi Parliament Act.

“All of this takes place within the framework of the rights that the committee has otherwise commendably acknowledged,” Scheinin notes.

Tapio Nykänen, associate professor and doctor of social sciences at the Giellagas Institute of the University of Oulu, explains that the committee’s recommendations are based on reports received from the countries in question, shadow reports from organizations and similar bodies, and communications from individuals.

“One can see from the recommendations that they have been influenced by conflicting viewpoints,” Nykänen says.

Nykänen is not surprised that the recommendation regarding the Forest Sámi has been included in the latest set of recommendations, given that the Forest Sámi became politically active following the reform of the Sámi Parliament Act.

“The Finnish state is not going to shake off the demands raised by Forest Sámi advocates anytime soon,” Nykänen says.

A clear majority within the Sámi Parliament has long worked toward abolishing the so-called Lapp criterion. Based on this criterion, individuals descended from persons recorded as “Lapp” (lappalainen) in historical documents were to be accepted onto the electoral roll. Some of these individuals identify as Forest Lapps or Forest Sámi.

The Lapp criterion was criticized on the grounds that the designation referred to a person’s livelihood rather than their ethnicity. This point is highlighted, for instance, in the report by the committee that prepared the amendment to the Sámi Parliament Act.

The removal of the Lapp criterion can be seen as an instance of the Sámi people’s right to self-determination being realized. Consequently, Nykänen perceives an internal contradiction in the recommendations.

“However, the CERD recommendations mention the rights of the Forest Sámi in a way that could be interpreted as a demand to reinstate the Lapp criterion,” Nykänen reflects.

The committee also urges the Finnish state to support the revitalization of the Kemi Sámi language. Kemi Sámi became extinct between the eighteenth and nineteenth centuries, though some samples of the language do exist.

Within two years, the Finnish state must submit follow-up information, particularly regarding the realization of Sámi rights concerning traditional lands and livelihoods.

Ministries are currently reviewing the recommendations that pertain to their respective administrative sectors.

Finland’s periodic report was reviewed in Geneva in August. The next report is due no later than August 2031.

Source: Yle (in Finnish)