A Landmark Ruling for the Sámi People: Implications for Indigenous Rights Globally
A Groundbreaking Decision
In October 2024, the United Nations Committee on Economic, Social and Cultural Rights (UNCESCR) made history by ruling that Finland had violated the rights of the Sámi Indigenous people to their culture and land. This unprecedented decision in Europe could mark a turning point in the protection of Indigenous rights worldwide.
The Sámi People and Their Ancestral Lands
The Sámi are a semi-nomadic Indigenous group who practice traditional reindeer herding in northern Europe. Their ancestral territory, Sápmi, stretches across parts of Sweden, Norway, Finland, and Russia. Evidence suggests that the Sámi have lived in this region for thousands of years.
The Petition and Its Foundation
A petition was submitted to the UNCESCR by 17 members of the Sámi community in Finland due to encroachment by the Finnish state on their traditional territories, particularly for potential mining activities. The petitioners argued that the state’s failure to conduct a proper impact assessment and engage in consultation infringed upon their rights to participate in cultural life and enjoy fair working conditions.
The International Covenant on Economic, Social and Cultural Rights
The UNCESCR based its decision on the International Covenant on Economic, Social and Cultural Rights (ICESCR), which outlines social rights intended to provide a minimum standard of living. According to the ICESCR, herding is a cultural right for the Sámi, along with their rights to well-being and self-determination. The committee also recognized Indigenous Peoples’ right to land as a crucial part of their right to cultural life.
The UN Committee’s Verdict
The UN committee concluded that the Sámi have a right to their lands, territories, and resources. It found that the Finnish state had violated these rights by not consulting them and urged Finland to take necessary measures to prevent similar violations in the future. This includes amending legislation and policies related to environmental, social, and cultural impact assessments and recognizing Indigenous Peoples’ right to free, prior, and informed consent.
A Long Road to Justice
Previous Efforts for Recognition
The Sámi have sought recognition of their rights before international forums in the past. However, this is the first time they could do so without relying on the right to property. Previous claims were deemed inadmissible due to their collective nature or because they did not align with the European definition of property.
The Evolving Landscape of Social Rights
Until recently, human rights law did not allow for the submission of social rights to judicial scrutiny. The adoption of the Optional Protocol to the ICESCR, which Finland ratified in 2014, enabled the UNCESCR to examine direct violations of social rights. This change has allowed for more flexible rulings, such as the one in favor of the Sámi.
The Future of Indigenous Rights
Implications of the Finland Decision
The Finland decision has two major implications for the recognition of Indigenous land rights. First, it acknowledges the collective nature of certain rights rather than viewing them as individual entitlements. Second, it encourages the acceptance of Indigenous conceptions of land beyond traditional property rights.
Rethinking Property Rights
While property rights can be seen as liberating, there are limits to how far this conception can be expanded due to its association with liberalism and market economy. Treating land as fungible and divided by fixed boundaries often does not reflect the fluid nature of Indigenous territory.
A Step Towards Justice
The Sámi’s victory represents a significant step towards long-awaited justice. The impact of this decision could potentially extend beyond Indigenous rights, reshaping traditional views of property and reframing them in a more socially oriented way that could affect land and housing rights for various communities.
