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Implementing the state duty to consult in land and resource decisions: perspectives from Sami communities and Swedish state officials

Kløcker Larsen, Rasmus and Raitio, Kaisa (2019). Implementing the state duty to consult in land and resource decisions: perspectives from Sami communities and Swedish state officials. Arctic review on law and politics. 10 , 4-23
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Abstract

The duty of states to consult indigenous communities is a well-established legal principle, but its implications for practice remain uncertain. Sweden is finding itself at a particularly critical juncture as it prepares to legislate a duty to consult the Sami people in line with its international obligations. This paper explores the ability of Swedish state actors to implement the duty to consult, based on lessons from an already existing duty set out in Swedish minority law, namely to ensure the effective participation of minorities in land and resource decisions. Presenting novel empirical material on the views of Sami communities and state officials in ministries and agencies, we demonstrate the existence of considerable implementation gaps linked to practice, sectoral legislation, and political discourse. We argue that if state duties are to promote the intended intercultural reconciliation, then new measures are needed to ensure enforcement, e.g. via mechanisms of appeal and rules of nullification. In addition, sectoral resource regulations should be amended to refer to the duties set out in minority law and/or a potential new bill on consultation duty in a consistent manner. In the near-term, the state should ensure that Sami communities are adequately resourced to engage in consultation and should invest in state authorities’ own ability to implement, i.e. through competence development, staffing, intersectoral coordination, and independent evaluation. Much could also be gained if state agencies and Sami communities worked together to develop detailed consultation routines for relevant resource sectors.

Authors/Creators:Kløcker Larsen, Rasmus and Raitio, Kaisa
Title:Implementing the state duty to consult in land and resource decisions: perspectives from Sami communities and Swedish state officials
Series Name/Journal:Arctic review on law and politics
Year of publishing :2019
Volume:10
Page range:4-23
Number of Pages:20
ISSN:1891-6252
Language:English
Publication Type:Journal article
Article category:Scientific peer reviewed
Version:Published version
Copyright:Creative Commons: Attribution 4.0
Full Text Status:Public
Subjects:(A) Swedish standard research categories 2011 > 5 Social Sciences > 505 Law > Law (excluding Law and Society)
(A) Swedish standard research categories 2011 > 5 Social Sciences > 506 Political Science > Political Science (excluding Public Administration Studies and Globalisation Studies)
Keywords:consultation, participation, natural resources, indigenous rights, Sami rights, Swedish law, minority law
URN:NBN:urn:nbn:se:slu:epsilon-p-110974
Permanent URL:
http://urn.kb.se/resolve?urn=urn:nbn:se:slu:epsilon-p-110974
Additional ID:
Type of IDID
DOI10.23865/arctic.v10.1323
ID Code:22731
Faculty:NJ - Fakulteten för naturresurser och jordbruksvetenskap
Department:(NL, NJ) > Dept. of Urban and Rural Development
(LTJ, LTV) > Dept. of Urban and Rural Development
Deposited By: SLUpub Connector
Deposited On:10 Mar 2021 14:23
Metadata Last Modified:10 Mar 2021 14:31

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