Saami Council publishes Open Letter on Sweden ignoring decision from UN Treaty body regarding discrimination in Swedish legislation
OPEN LETTER TO SWEDEN
RÖNNBÄCKEN ANALYSIS
(Swedish)
On 26 November 2020, the UN Committee on the Elimination of Racial Discrimination, CERD decided Vapsten Sami Reindeer Herding Community v. Sweden. There, the CERD adjudged that Sweden discriminated against Vapsten Sami Reindeer Herding Community when its government granted a concession to a major mining project in the heart of the Community’s traditional reindeer pasture land.
The CERD called on Sweden to revise the mining concession and put an end the mining project. The Committee observed that although the mining concession decision effectuated the discrimination and human rights abuses, the decision was not the root cause of these offences. Rather, these materialized as a result of Swedish environmental and mining legislation systematically discriminating against Sami reindeer herding communities. The CERD called on Sweden to revise its legislation to root out discriminatory elements and avoid future human rights abuses.
In their response to CERD, dated 23 February 2021, Sweden makes it abundantly clear that Sweden will not end or rectify the discrimination and other human rights abuses it subjects Vapsten to. Nor will it amend its legislation to end systematic discrimination of Sami reindeer herding communities in general, irrespective of how many times and regardless of in how plain language the UN calls on Sweden to do so.
“The respons from Sweden is highly remarkable and sends a strange message from a country that claims to protect Sámi rights and human rights according to international law. The reindeer herding community can not interpret it in any other way than that Sweden’s policy regarding Sámi reindeer herding is consolidated in old and outdated political traditions that Sámi land use and Sámi rights are subordinate to the needs of the majority society”, says Inger Ann Omma, representing Vapsten reindeer herding community.
The Response further makes clear how Sweden understands its duties to comply with human rights more generally. Sweden posits that it can emancipate itself from its “obligations” to respect and implement decision by UN treaty bodies by adopting national legislation to that effect. Sweden also more broadly pronounces that its duty to adhere to decisions taken by the UN human rights oversight mechanism ends where Sweden disagrees with the World Organization.
“Taking this position, Sweden aligns itself with those states that hold the position that when their understanding of human rights clashes with that of others (including the UN), its own view prevails. Consequently, no international criticisms of human rights abuses are relevant to the state; in this particular case Sweden”, says Mattias Åhren, Saami Council
For more information;
Inger-Ann Omma,
Vapsten reindeer herding community; 070-206 42 53
Mattias Åhren,
Saami Council; 070-473 70 06