​New report from the Church of Sweden on ILO No.169

New report: The right of the Sami to use the Church of Sweden’s land – a study of national and international law.

Today the Church of Sweden is publishing a report titled Samernas rätt att bruka Svenska kyrkans mark – en studie av nationell och internationell rätt (The right of the Sami to use the Church of Sweden’s land – a study of national and international law). The report describes how Swedish legislation and Sweden’s already applicable international obligations in the law of indigenous peoples affect the Church of Sweden as a landowner.

In addition, the report reviews what the stipulations in ILO Convention No. 169 could entail. The issue of the Convention has also been raised in motions to the General Synod, for example.

The report The right of the Sami to use the Church of Sweden’s landstates that current stipulations already place requirements on the Church in terms of showing consideration for the right to reindeer husbandry, promoting the opportunity of Sami villages to use the land within the reindeer husbandry area for tending to reindeer, hunting and fishing, and requirements on consultation with Sami villages where they have an opportunity to exert influence. The stipulations of the ILO Convention would necessitate further development of the consultation procedures so that the Sami can participate in the use, management and preservation of natural resources on Church land within the reindeer husbandry area.

The report was written by lawyer Marie B. Hagsgård. She has worked as a judge for 30 years and has been the inquiry secretary in three government commissions of inquiry that have concerned Sami rights: the inquiry into minority languages, the ILO inquiry and the reindeer industry policy committee.

“There is a need to clarify and discuss what the law of indigenous peoples means to the Church of Sweden as a landowner and how the issue of ILO 169 would have an impact,” says Kaisa Syrjänen Schaal, Unit Head at the Central Church Office.

“The Church’s approach to and consideration for the interests of reindeer husbandry is topical in climate contexts, for instance. The Church of Sweden is involved in the climate issue, and the Sami are already being affected by climate change. It is important that the Church also thinks about its responsibility and opportunities to promote the future of the reindeer industry, for example in forestry issues. The report forms the foundation for further discussion within the Church of Sweden.”

Contacts:
Kaisa Syrjänen Schaal, Head of the Unit for Multilingualism at the Central Church Office, phone +46 76 803 4113.
Marie B. Hagsgård, Research Officer, phone +46 70 820 7517.

Read the full report here (in Swedish)

Facts
The Indigenous and Tribal Peoples Convention, ILO Convention No. 169, is a convention that was adopted by the International Labour Organization, the ILO, in 1989. Among other things it is based on the stipulation that the principles from the other UN rights declarations shall also apply to indigenous peoples.