CESCR recommends Finland to assess the impact of existing laws on the rights of the Sámi people
Govven: Jannie Staffansson
The United Nations Committee on Economic, Social and Cultural Rights (CESCR) considered the 7th periodic report of Finland in its 69th session on 17th, 18th and 19th of February 2021. Saami Council participated to the CSO briefing of the CESCR in February the 16th of 2021. Saami Council also made a shadow report to CESCR in September 2020.
Saami Council stressed in the briefing that Finland should finally ratify ILO 169 Convention, recognize principle of free, prior and informed consent of the Sámi in the Finnish legislation and recognize the rights of the Sámi people in the Reindeer Husbandry Act of Finland.
-We are satisfied that CESCR noted to the Concluding Observations what we emphasized in the briefing, says Lawyer of the Saami Council’s Human Rights Unit Oula-Antti Labba.
In the Concluding Observations to Finland the Committee was concerned that legislative changes, infrastructure projects and incursions into their lands have eroded the rights of the Sámi to maintain their way of life and traditional livelihoods, including reindeer husbandry and fishing.
-It is also concerned at the lack of a legal obligation to conduct consultations with a view to obtaining the Sámi’s free, prior and informed consent on matters that affect their lands and resources, the Committee stated in their Concluding Observations.
The Committee urged Finland to act upon instances of infringements on the rights of the Sámi to maintain their culture, way of life and traditional livelihoods. In this regard, it recommends that the Finland assess the impact of existing laws on these rights and bring the necessary amendments, including in the context of the revision of the Reindeer Husbandry Act.
- It is important the Committee pays attention on protecting the Sámi way of life. Now Finland must take responsibility for implementing these recommendations and reform its legislation. The existing Reindeer Husbandry Act of Finland has been in force over 30 years, but the rights of the Sámi people have not been recognized in it so far, unlike in Sweden and Norway, says Áslat Holmberg, the Vice President of Saami Council.
The Committee also urged Finland to strengthen the legal recognition of the Sámi as indigenous peoples and the legal and procedural guarantees for obtaining the Sámi’s free, prior and informed consent in line with international standards. The Committee also encouraged Finland to expedite the ratification of the ILO Convention on Indigenous and Tribal Peoples No. 169.
The Saami Council is a voluntary Saami organization (NGO), with Sámi member organizations in Finland, Russia, Norway and Sweden. Since it was founded in 1956 the Saami Council has actively dealt with Sámi policy tasks.
