There is no universal, internationally accepted definition of indigenous peoples. It is typical of indigenous peoples that they do not represent the dominant population in the wider society to which they belong, although they may be the population group that first inhabited the region. In general, indigenous peoples have a distinct culture centred on natural resources, and their way of life is socially, culturally and/or linguistically different from the dominant population. Although indigenous peoples are often a minority on their lands, this is not always the case. In several Latin American countries, for example, indigenous peoples constitute the vast majority of the population. The Sami definition contains objective criteria (points 1 to 3 of the definition), but the Supreme Administrative Court departs from them, i.e. He does not adhere to it in his interpretation. The Supreme Administrative Court applies the so-called holistic global interpretation (kokonaisharkinta in Finnish) to decide who is registered to vote in the Sami Parliament in Finland. This means that candidates can be registered to vote even if they do not meet any of the objective criteria of the Sami definition, but only present other evidence of their purported status (or even lie about it). 3.
Originally (since 1952), the Sami definition was based on the Sámi language, but in 1995 the so-called Sami criterion was added. The Sami definitions of Norway and Sweden are based solely on languages and do not include the criterion of Lapland. The Sami Parliament of Finland opposed the inclusion of the Lapland criterion from the outset, i.e. when it was incorporated into the law against its will. 2. Self-identification of the Sami definition means that a person must consider themselves Sami and give permission to be registered in an ethnic register. Due to the experience of the Second World War, no one can be registered in an ethnic register without his permission. 1. The “Sami definition” refers to the third section of the Act on the Sami Parliament in Finland (below). There is no universal, internationally accepted definition of indigenous peoples. It is typical of indigenous peoples that they do not represent the dominant population in the wider society to which they belong, although they may be the population group that first inhabited the region. In Norway, the name of the language is Samisk, and the name of the people is the same; in Finland, the name of the language is spelled saame and the name of the people is spelled saamelainen.
The Finnish Constitution recognizes the Sami as a linguistic minority and an indigenous people. The original 1995 Sami definition was based on the fact that a person is of Sámi origin. In Norway, it is clear that the Sami population meets the criteria set out in this definition. In its judgement in the Selbu case of 21 June 2001, the Norwegian Supreme Court ruled that the Sami population of Norway, including the Southern Sámi territories, unequivocally qualified for indigenous status under article 1 B of ILO Convention No. 169/89. There is no official geographical definition of the borders of Sápmi. As a general rule, however, the following counties and provinces are included: 4. The so-called round test of the Sami definition (No. 2 of the Act) is a gap compared to 1995. This gap allows for voter registration, voting and participation in elections to an auto-Sami self-governing body in Finland. The Committee states that Finland is obliged to review the Sami definition in order to ensure that the criteria for the right to vote in elections to the Sami Parliament are defined and applied in a manner that respects the right of the Sami people to exercise their internal self-determination.
Finland is also obliged to take all necessary measures to prevent similar offences from occurring in the future. (Decision 1 here and Decision 2 here.) Although Article 3 is referred to as the Sami definition, it essentially refers to the criteria according to which a person can be registered on the electoral roll of the Sami Parliament in Finland. (You can be Sami even without being a member of the electoral rolls. The media interviewed Sami who did not apply to be registered to vote.) As a member of the electoral rolls, you can vote in elections to the Sami Parliament every four years. According to the Sami definition, a person must consider himself Sámi (so-called self-identification), but he must also have objective reasons (points 1 to 3 below) to justify his sáminese. 9. A survey of the Sami population was carried out in Finland in 1962. (Norway and Sweden have never conducted similar research.) The 1973 Sami definition was based on this research, as was the first electoral register of the Sami delegation (predecessor of the Sami Parliament) in 1973.
7. It is not only the Sami definition that is problematic, but also the interpretation of the definition by the Supreme Administrative Court. In Finland, there is a violation of human rights precisely in relation to this issue. UN treaty bodies have issued landmark decisions on this issue: the UN Human Rights Committee in 2019 and the UN Committee on the Elimination of Racial Discrimination (CERD) in 2022 (see below). According to Professor Veli-Pekka Lehtola, the Sami definition was not debated until the 1990s, when plans to ratify ILO Convention No. 169 on the Rights of Indigenous Peoples sparked opportunism and fears about the transfer of land rights in Finland`s far north to the Sami. Unlike Norway and Sweden, in Finland, a siida (paliskunta in Finnish) is a reindeer herding company that is not limited by ethnicity. There are indeed some ethnic Finns who raise reindeer and, in principle, all residents of the reindeer herding area (most of Finnish Lapland and parts of the province of Oulu) who are citizens of EEA countries[152], i.e. the European Union and Norway, Iceland and Liechtenstein. “It seems to me that the younger generation has already been lost in this case because they have never received enough accurate information about the Sami people.” In Finland, the Sami have had access to Sami language instruction in some schools since the 1970s, and language rights were introduced in 1992. Three Sami languages are spoken in Finland: Northern Sami, Skolt Sami and Inari Sami. Among these languages, Inari-Sámi, spoken by about 350 speakers, is the only one fully used within the borders of Finland, mainly in the municipality of Inari.
Finland has ratified the 1966 UN Covenant on Civil and Political Rights, although several cases have been brought before the UN Human Rights Committee. Of these, 36 cases concerned the determination of Sami rights in Finland and Sweden. The Committee`s decisions make it clear that the Sami belong to a minority within the meaning of article 27 and that the withdrawal or erosion of their right to engage in traditional activities, which are an essential part of their culture, falls within the scope of article 27. [94] Finland recognized the Sami as a “people” in 1995, but has not yet ratified ILO Convention 169 on Indigenous and Tribal Peoples. This is a short guide to the Sami definition. It is useful to follow the discussion that has caused a lot of uproar in northern Finland since the 1990s. The guide is also available in Finnish. of Sami origin; Like the northern Sápmi Sámi, the genitive Sámi is the Sámi homeland, language or way of life Partner and group dances have been part of Skolt Sami culture since at least the second half of the 1800s and among the Sami of the Kola Peninsula. [115] These square dances, couple dances, circle dances, and singing games are influenced by the dance cultures of Karelia and northern Russia. probably under the influence of Russian traders, military service under the Tsar and the Russian Orthodox Church.
[111] This Eastern Sápmi dance tradition was more continuous and was adapted by modern Sami dance companies such as Johtti Kompani. [116] The Optional Protocol, to which 116 states parties are currently members, establishes the right of individuals to complain to the Committee against states that have violated their human rights. The Optional Protocol imposes an obligation on States parties under international law to act in good faith on the basis of the Committee`s Views. More information on individual complaints procedures before committees. “For many years, the Sami have fought for more information about the Sami in the national curriculum. For some reason, the school system did not want to do that. The Sami are always left out. Universities should also take this seriously and start planning how safe spaces can be made available not only to Sami but also to other minorities.
» DOI link for The definition of a Sami in Finland and its application The municipalities of Gällivare, Jokkmokk and Arjeplog in Swedish Lapland were declared a UNESCO World Heritage Site in 1996 as a “Lapland area”.