Around the world, Indigenous peoples seek increased control of traditional lands. In northern Canada, such control may be afforded by claims-based co-management regimes. Such regimes are a common, and sometimes celebrated, component of treaty federalism. In Norway, Europe's only Indigenous people, the Sami, now participate in a land-management regime: the Finnmark Estate (FeFo). We explore whether FeFo is, in effect, claims-based co-management and whether Sami thus enjoy the sort of guaranteed shared rule envisioned in treaty federalism. We compare FeFo to Canadian co-management in three dimensions: novelty, independence and Indigenous influence. We conclude FeFo is indeed claims-based co-management. But FeFo falls short of the treaty-federal ideal, for reasons possibly including bureaucratic capture, fragile legitimacy, conflicting interpretations of the Sami interest and conflicting views on the merits of shared rule.
Nonterritorial autonomy (nta) decouples governance of ‘people’ and ‘place’, allowing demographically submerged minorities to protect their cultural – but not territorial – interests. Indigenous peoples are often submerged and culturally vulnerable. At the same time, they are often especially interested in protecting the territories that have long sustained them. So, is nta well-suited or ill-suited for Indigenous self-governance? To explore this, we study Norwegian Sami self-governance, an oft-cited case of Indigenous nta. We make several contributions. We enumerate the variety of Sami-specific rights and powers in Norway, categorising them as either territorial or nonterritorial and tracking their evolution over time. By doing this we reveal that Sami self-governance has recently taken a ‘territorial turn’. We explore why this has happened, concluding it is due to the insufficiency of nta. Finally, we discuss likely limits to further Sami territorialisation.
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