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dc.description.abstractThe Indigenous rights regime in Sweden has a chequered past and present, indeed, like any other contemporary liberal settler State. While the Indigenous people of Sweden, the Sámi people, have been actively resisting extractive economies and mining entities on their traditional land, part of their struggle for environmental and cultural integrity has also been against the State. Land has been central to the cultural integrity and existence of the Sámi people. Despite the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), the form and substance of the socio-economic rights of the Sámi people and their right to self-determination remain ongoing products of long negotiation and contestation within domestic law. These include defining the parameters and extent of Sámi traditional lands, and more importantly, their traditional herding rights, all year round and in winter grounds, respectively. The traditional herding rights are carried on privately owned and state-owned patches of land and are considered as a bundle of rights under the relevant legislation, the Reindeer Husbandry Act, 1970. The nature and extent of these herding rights have been subject to repeated judicial interpretation in the Swedish domestic sphere of Indigenous rights. This discord between the domestic laws, tepid State action, and the reluctance to fully realise the UNDRIP through rights embedded in domestic laws, has led some scholars to term the system as 'organised hypocrisy'.
dc.publisherVathek Publishing
dc.rightsAll rights reserved
dc.titleThe Girijas Case and its Implications for the Sámi Hunting and Fishing Rights in Swedenen
prism.publicationNameEnvironmental Law Reviewen
rioxxterms.typeJournal Article/Reviewen

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