The purpose of this book is to contribute to the debate surrounding the law relating to the Sami people, Europe's only indigenous people group, many of whom still live in the northernmost reaches of Norway, Sweden and Finland. Some Sami people continue to live a traditional lifestyle including herding reindeer although, as many of the chapters in this book argue, the nomadic elements of their traditional lifestyle have been dramatically curtailed by the implementation of borders in the region. Over the years, there has been political struggle by the Sami people to have their rights and their culture respected by their nation states. In recent years there has been much improvement in the recognition of the rights, culture and legal system of the Sami people but there is still much more that can be done to ensure adequate recognition for the Sami people. This book considers the history of the struggle, analyses the current position and puts forward suggestions for future action that should be taken.
One particularly interesting aspect of this book is that it has been written in English. For many of the contributors, the primary language for both their research and their publications is not English; they would normally write and publish in their native Scandinavian tongues. This book therefore provides a fascinating insight into a world of academic research that has previously been difficult for an English speaking audience to access. The efforts that the authors have put into translating and explaining their research and their references in English enables readers to understand sources, literature, commentary and cases that would be otherwise be inaccessible to all but the most determined of researchers who do not speak a Scandinavian language.
I was impressed with the wide range of contributors to the book, in terms of both career stages and cultural backgrounds. While most of the authors are already well-regarded, there are also two current doctoral students who have written interesting chapters relating to their research. This provides encouragement that this area of law should be well-served by upcoming researchers in the future. I was pleased to note that there were a number of contributors who come from a Sami background. Kristina Labba's family are reindeer herders on the Swedish-Norwegian border, Susann Funderud Skogvang is from a coastal North Sami community, Johan Strömgren comes from a mountainous reindeer herding community in the South Sami area of Sweden and Mattias Åhrén grew up in the Ohredahke Sami reindeer herding community in northern Sweden. It is important that research into Sami rights and law is undertaken with the contribution of academics who are also members of the Sami community because of the insight that they have into their own communities as well as the academic legal world. Including such researchers reduces the risk of the Sami communities feeling that proposals for solutions to their problems are being imposed upon them by outsiders. With the inclusion of so many Sami researchers, this is not an accusation that could easily be made against this book. Even those authors who do not have a Sami background hail from all over the world, with contributions from Canada and New Zealand, as well as the more expected Sweden, Norway and Finland, and this gives a very positive and engaging range of perspectives.
While much of the book deals with the topic of its title, it begins with two chapters which provide comparative insight, first with Canada and second with New Zealand. Nigel Bankes, Professor of Law at the University of Calgary, Canada, has written a thoughtful chapter reflecting on the themes and discussions found in the rest of the book from the perspective of a Canadian lawyer. He provides some fascinating comparisons between Scandinavia and Canada, concluding that the Scandinavian courts are more open to international and customary law in the area of indigenous rights than their Canadian counterparts and that both Canada and Scandinavia still struggle with the implications of the separation of powers between nation state and the indigenous communities, in particular in relation to reconciliation between the two communities.
Jacinta Ruru compares the experiences of the Sami people with those of the Maori people of New Zealand. Ruru is an expert in indigenous rights in New Zealand and is of Maori descent. Her chapter provides a useful, albeit necessarily brief, overview of the history of the issues faced by the Maori tribes and their interactions with the European settlers in New Zealand. She also considers the various similarities and differences between the two people groups, looking at their ways of life, in particular in relation to hunting, fishing and subsistence, their concepts of property ownership, issues relating to elections, how membership of the tribe or village is defined, and the legal recognition of indigenous laws and customs.
These introductory chapters together provide an unusual perspective, giving the reader a glimpse of the way in which the issues faced by the Sami people are mirrored by those that are being tackled by indigenous people all over the world. The only criticism is that these introductory chapters are so short that there is limited room for discussion. At times it felt like the authors were able to do little more than indicate the issue without having space to develop their arguments. The opening chapters whet the appetite of the reader and I was left wishing that space had been made available for further exposition.
The remainder of the book tackles the topic of its title. Each of the chapters deals with different aspects of law relating to the legal rights of the Sami people. The issues considered include how membership of the Sami community is defined, reindeer herders’ rights, the right to fish and the international status of the Sami people. Some chapters cover the entire Sami community while others concentrate on the Sami community in one of Norway, Sweden or Finland. Space does not allow a description of each chapter but an overview of some of the chapters will give a flavour of the book as a whole.
In a fairly complex discussion, Kjell Å Modéer considers the development of Sami law in the late 20th and early 21st centuries, a period that he characterises as ‘late modernity’. He argues that since the 1990s, there has been an increasing level of acceptance of Sami rights and Sami law as well as a change in the way that social attitudes, particularly in Sweden, approach the issue of minority rights. He also considers the role of reconciliation meetings between the Swedish church and the Sami people. The chapter acknowledges that Sami culture and Sami legal culture were both suppressed by being neglected by the dominant culture in Norway, Sweden and Finland but finds that this is now changing.
An article with a contrasting style (albeit arguably, in terms of the impact of the laws of the nation state on the rights of the Sami people, much the same as Modéer) by Kristina Labba explains firstly the organisation and legislation surrounding reindeer herding and secondly the role of the siida or family herding group. Many customs, having developed around the siidas as reindeer herders, rely on cooperation given the harsh environment in which they undertake their difficult work. Labba compares the different legislative arrangements for reindeer herding in Sweden and Norway, demonstrating the ways in which a lack of understanding about Sami culture has resulted in laws being drafted that violated the Sami people's property and cultural rights. Labba argues that the customs of the siida need to be better understood and to be reflected more accurately in legislation so that the rights enjoyed by reindeer herders are not extinguished.
The book concludes with a chapter examining the development and future of Sami law as a field of knowledge. Eva-Maria Svensson compares the formation of the field in the late 20th century with the development of the field of gender legal scholarship, arguing that they are similar because both provide a ‘critical perspective on mainstream legal culture’ and they both challenge the way law is viewed by and for the majority. She acknowledges that, because legal systems are so tightly linked to the nation states that they serve, those who are excluded or have little influence within the nation state, such as the Sami people or other minorities, also find themselves unable to influence the law. Svensson argues that a pluralistic legal system with Sami law running in parallel to the national legal system may be useful for the Sami people. Svensson's novel and interesting ideas should provide food for thought for all those engaged in this field.
This book has much to recommend it. Its wide range of authors bring with them a vast array of expertise and knowledge, much of which is not readily accessible in English. The contrasting styles and the different areas of Sami law considered, as well as the treatment of the different Nordic nations and the indigenous people of Canada and New Zealand, makes it a fascinating read. It is not, however, a book for beginners: it assumes a reasonable amount of knowledge about the region and about the types of issues that affect indigenous people groups. For anyone with a background or interest in such subjects, I would recommend this book.
