The situation of indigenous peoples in the world is difficult. They have to struggle against the states in order to see their rights recognised. The right to land takes a special place among these. This is one of the most important rights for indigenous peoples, due to the fact that one of the features that differentiate indigenous peoples from other groups or minorities is their relationship with ancestral lands. Moreover, if we consider the amount of natural resources that can be found in indigenous areas, it is easy to understand how complex the situation of indigenous peoples is.
The focus of this work is on the situation of the indigenous people (the Sami) of three Nordic countries (Finland, Norway and Sweden), in particular regarding the management of natural resources that can be exploited in their areas. Northern Europe is, in fact, rich in natural and subsoil resources and it is not easy for the governments to reach a balance between the rights of the Sami and the rights of the other citizens of the state. By means of analysing the Mining Acts of the three above-mentioned states, we will examine whether national law safeguards Sami rights in a satisfactory way. In order to see if there is compliance between the provisions established in national law and in international law, a comparison between the Mining Acts and ILO Convention No. 169 will be made.
This comparison is important, given the fact that one of the aims of this study is to point out the actions taken by the states in order to protect indigenous rights. Furthermore, it will be analysed whether the states are respecting the international provisions established for the protection of indigenous rights in national legislation, also without ratification of the relevant international instruments. The other goals of this study are: to analyse whether the obligations established in the Mining Acts are sufficient to guarantee a good protection of Sami rights in case of mining activities, whether the Sami are involved during the decision-making process and whether there are mechanisms of participation and legal remedies for the Sami.
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European Master’s Degree in Human Rights and Democratisation, Academic year 2013/2014