The UN stops the establishment of a mining project in Rönnbäcken
Press release by Vapsten reindeer herding community and the Saami Council
The UN stops the establishment of a mining project in Rönnbäcken and calls on Sweden to revise its mining legislation as to ensure that it respects and complies with the Sámi people’s rights as an indigenous people; larger industrial establishments on Sámi territory are illegal without consent!
In a historical decision, the UN Committee on the Elimination of Racial Discrimination demands that Sweden stop the much-publicized and controversial mining project in Rönnbäcken in Västerbotten. The committee justifies its decision by stating that the mining project would cause Vapsten Sámi Reindeer Herding Community damage to such an extent that the Sámi reindeer herding community's consent had been required to proceed with the project. In addition, the committee states that it further violates the UN Convention on the Elimination of Racial Discrimination that Swedish law did not provide the Sámi reindeer herding community with any real opportunity to have the legality of the mining project tried before Swedish courts. Specifically, the committee finds that the mining establishment violates Vapsten Sámi Reindeer Herding Community's right to property (UN Convention on the Elimination of Racial Discrimination, art. 5 (d) (v)) and that the Swedish mineral and environmental legislation violates the Sámi village's right to redress through a fair trial (effective remedy) (the convention, art. 6).
As a result of these violations of the UN Convention on the Elimination of Racial Discrimination, the Committee on the Elimination of Racial Discrimination demands that Sweden (Decision Section 8):
Shall provide effective remedy to Vapsten Sámi Reindeer Herding Community by revising effectively the mining concessions after an adequate process of free, prior and informed consent
Amends its legislation, in order to reflect the status of the Sami as an indigenous people in national legislation regarding land and resource rights and to enshrine the international standard of free, prior and informed consent.
to give wide publicity to the Committee’s views
to translate the decision into the official language of the State party as well as into the petitioners’ language.
In summary, the decision of the Committee on the Elimination of Racial Discrimination means that industrial establishments of size in the Sámi traditional territory are prohibited without the consent of Sámi rights holders. The Swedish state must take direct and active responsibility to ensure that this right is respected. It is not sufficient that the state refers this responsibility to the Sámi reindeer herding communities and industry to find "consensus solutions". In addition, Sweden must adjust its legislation so that it allows the Sámi Reindeer Herding Communities the opportunity to effective redress in the event of violations of their rights.
You can read the decision in full here: The CERD Committee's decision regarding Rönnbäcken case
