| Summary: | 碩士 === 國立東華大學 === 財經法律研究所 === 105 === The Sami people are believed to have been present in the north of Sweden long before the Swedish King established sovereignty of these regions. The traditional Sami livelihood is based on reindeer herding, hunting and fishing and in the current legislation the Sami people’s right to hunting and fishing are auxiliary rights to the reindeer herding. The Sami rights can only be claimed by the reindeer herding members of a Sami Village and members can hunt on land belonging to the village when reindeer herding is allowed in that area.
The current legislation states that the Sami rights are based on immemorial prescription. However in Sweden, where hunting is regarded a popular leisure activity and hunting rights in general belongs to the landowner, the Sami rights has historically been a source of conflict.
This essay aims to explore the findings of the recent Girjas case (Gällivare District Court Decision T 323-09). It explores the current legal situation through the use of the relevant legislation and previous court verdicts of relevance. It also looks at the most relevant historical legal documents and their relationship, attempting to describe the content of the Sami hunting rights and how they have been interpreted by the court in the Girjas case.
The findings of this essay reveal the complexity of the current status and limitations of the Swedish Sami hunting rights. In tracing the problem back to the first Reindeer Herding Act of 1886 and the unclarities left unsolved by the legislator, the essay finds that the previous court decisions reveal that a large space is left for interpretation by the courts in regard to the content of the Sami rights and that many issues remains to be solved in regard to the Swedish Sami hunting rights.
|
|---|
