Indigenous rights claims in welfare capitalist society: recognition and implementation: the case of the Sami people in Norway, Sweden and Finland

Abstract

The purpose of this paper is to describe, analyse and compare the formal responses of the Norwegian, Swedish and Finnish states to nationalist claims asserted by the Sarni people. Features unique to both the historical and contemporary circumstances of the Sarni in the three respective Nordic countries are examined, at one level, in the light of international law and the standards of minority rights, and at another level with respect to some of the more salient values and principles which clearly have shaped state - Sarni relations. The study is particularly concerned to examine recent and ongoing reforms in Nordic Sarni affairs, especially those of a legal-constitutional nature as well as those which primarily concern the allocation and re-allocation of welfare state resources. It seeks to appraise the adequacy of the relevant legislative and budgetary measures initiated by each of the states vis-a-vis the extent to which such measures can be seen to aid each in fulfilling its obligation under international law to provide for the maintenance of Sarni cultural and linguistic identity. In as mu_ch as this work represents an examination of but one indigenous people's struggle to recreate equitable relations in three states, its findings and observations are nevertheless expected to be of some reievance in improving our understanding of similar, ongoing processes elsewhere in the Western world. The research strategy was based on two principal fonns of data: an official form , and literature and related research sources. Briefly, the collection and analysis of 'official' data consisted mainly of: government bills and formal legislation; reports from government-appointed commissions and the formal written responses of affected interest group organizations (including Sarni national organizations) and government agencies to the commission reports; formal position papers and resolutions of Sarni organizations, and political parties represented in parliament; and official expenditure information from government budget documents and other official sources. The exploratory nature of this study was complemented, on the one hand, by several unstandardized interviews conducted mainly during the Spring, Summer and Autumn of 1992, and; on the other hand, by observation at a number of annual conferences convened by Sarni political organizations mainly during the same period. The interviews were held with representatives of various Sarni national organizations, government civil servants, parliamentarians, local government officials, parliamentary assistants, expert-scholars and researchers. The findings of this study indicate that while none of the respective Nordic states have yet to recognize the Sarni claim to land and resources and self-government, each has gone to different lengths to preserve and promote the cultural and linguistic identity of their respective Sarni communities. However, insofar as Norwegian and Finnish governments have yet to fonnally accept claims from their respective Sarni communities, they have at least acknowledged that certain grievances - based on the historical record - do exist and have directed government commissions to investigate and consider the issues. Governments in Sweden, on the other hand, have pointedly refused to commission the investigation of similar grievances expressed by the Swedish Sarni population. Indeed, in the light of a number of recent actions initiated by Swedish governments, the official Swedish position on Sarni claims apparently involves much more than simply refusing to acknowledge the validity of such claim rights, it constitutes an all out assault on the very premise of Sarni native rights in Sweden. Show more