Kritiska perspektiv på samiska kollektiva rättigheter och mineralutvinning

Sammanfattning: This essay deals with complexities regarding indigenous peoples’ rights to land and natural resources in the context of mineral extraction. A large share of the world’s indigenous population lives in environmentally sensitive areas. These regions are often rich in mineral resources and hence attractive to extractive industries. The international indigenous rights regime particularly focuses on land rights. These rights are based on assumptions of an ethno-territorial relationship between indigenous groups’ cultural identity and social well being. Their traditional land and livelihoods are considered to reflect these values. Permitting mineral extraction in indigenous areas causes significant impact on the traditional livelihood, which in turn can jeopardize the development of indigenous groups. In recent years, Sweden has been internationally criticized for not respecting the international rights given to the Sami population as an indigenous people. The critique specifically draws attention to Swedish legislation regarding mineral extraction. Consequently, this essay aims to explore whether and to which extent the current international rights regimes considers the right for the Sami population to prevent mining establishments in their traditional territories. Furthermore, it aims to draw some primary lines of how the international indigenous rights regime may contribute to a more effective environmental protection in these areas. The main findings show that the international indigenous regime and universal human rights interpreted in an indigenous context contribute to a positive devolvement regarding the protection of indigenous land rights. The study finds evidence that the international right to property in the light of a material understanding of the right to not be discriminated could obstruct the possibilities to expropriate these lands. This could lead to a stronger protection of indigenous values and livelihood conditions, as well as a strengthening of environmental values in the territory. The study also emphasizes that the international law phrases requirements on states to ensure that indigenous groups are given the right to a free, prior and informed consent (FPIC) when their rights are being threatened by externally triggered activities in their territory, for instance mining ventures. However, this study finds that FPIC is not yet legally binding for Sweden. Still, this essay highlights that the principle of FPIC should be considered as a guideline for all states that aim at protecting indigenous rights in accordance with pertinent human rights. Moreover, the study finds that there is a link between indigenous rights and environmental law. This connection is expressed in how a consultation process that fulfills the requirements of FPIC shows potential to endorse both social and ecological aspects of a sustainable development. The study encourages further research in this field. Finally, the essay urges legislators to act to promote collective land rights in order to prevent irreparable damage on Sami culture and collective development.