The Historical Basis of Saami Land Rights in Finland and the Application of ILO Convention No. 169

Joona, Tanja; Joona, Juha

doi:10.1163/22116427-90000017

Cited by 3 publications

(5 citation statements)

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“…The salmon prerogative is a very significant fishing-related rule (or an exception to the rule, you might say). The state's right to salmon fishing is based on the regal doctrine [39][40][41][42][43][44], which is based on the feudal concept that the crown is the original owner of all land via the salmon prerogative and that also means the right to salmon fishing. This doctrine came from Italy across Central Europe to Sweden in the Middle Ages, and it influenced the administration and use of laws in Sweden until the 19th century.…”

Section: Governance Of Salmon Fishing In Finland and On The Rivers Te...mentioning

confidence: 99%

“…This agreement divides those entitled to fish in the waters into four distinct categories in which fishing rights differ. The right is determined by whether the person lives permanently in the Teno River valley and whether they are the owner of the water area (Teno fishing rule §2, see Joona [39] (pp. 212-223)).…”

Section: Governance Of Salmon Fishing In Finland and On The Rivers Te...mentioning

confidence: 99%

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Stakeholder Perceptions of Landscape Justice in the Case of Atlantic Salmon Fishing in Northern Finland

Landauer

Joona

Keskitalo

2023

Land

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Atlantic salmon fishing in northern Fennoscandia is part of controversial ecological, sociocultural, legal, and political questions. This paper presents a study of landscape justice as perceived by stakeholders who practice, manage, and govern traditional, household, and recreational salmon fishing on northern Finland’s border rivers, Tornio (Torne) and Teno (Tana). The concept of landscape justice is analysed through the lens of distributive, substantive, procedural, and recognition forms of justice. The data are based on semi-structured stakeholder interviews (N = 15). A qualitative content analysis of the data based on the forms of justice reveals that salmon are associated with diverse environmental, economic, and sociocultural values of the landscape. The study results show the current state governance mode of salmon fishing causes landscape injustice manifesting, in particular, as an unequal distribution of risks and benefits regarding fishing governance and its challenges. There is unclear legislation for Tornio. Landscape justice is violated by regulations causing unclear case law for Teno on the ownership of land or water and related fishing restrictions, as well as a lack of possibilities for local tourist entrepreneurs and household fishermen to participate in decision making. Governmental decisions are mainly based on the overall ecological status of salmon populations at the expense of local variations or the recognition and systemic evaluation of sociocultural and local economic values of the landscape. The results indicate a need for national and cross-border policy decisions to include sociocultural and economic aspects of Atlantic salmon fishing to guide movement towards more just environmental governance.

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Section: Governance Of Salmon Fishing In Finland and On The Rivers Te...mentioning

confidence: 99%

Section: Governance Of Salmon Fishing In Finland and On The Rivers Te...mentioning

confidence: 99%

Stakeholder Perceptions of Landscape Justice in the Case of Atlantic Salmon Fishing in Northern Finland

Landauer

Joona

Keskitalo

2023

Land

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“…The International Labour Organization's Convention (no. 169) 1 article 6(1) states that IPs should be consulted through their own representative institutions; article 7(1) gives IPs the right to decide their own priorities for the process of development, and; article 15(1) sets their rights to participate in the use, management, and conservation of the natural resources in their lands (Joona & Joona, 2011).…”

Section: Collen Et Al (2013)mentioning

confidence: 99%

“…Sámi participation and environmental rights are further regulated in the Act on the Sámi Parliament (GoF, 1995a), and the Skolt Act (253/1995), which aim to enhance the living conditions, culture and livelihoods of the Sámi (GoF, 1995b). Though Finland has a relatively high international reputation in upholding human rights it also gets regularly notified over its Sámi policies and legislation (Joona & Joona, 2011;Allard et al, 2017;Anaya, 2011).…”

Section: 1mentioning

confidence: 99%

Promoting the Participation of Indigenous Peoples in Environmental Impact Assessment: Effectiveness of Akwé: Kon Guidelines in Finland

Onyango

Wiman

2021

ESJ

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Indigenous peoples’ participation in public policy and planning is ascribed in numerous international and national legal instruments as essential to the realisation of their self-determination. This study examines how the Akwé: Kon guidelines (AK) can promote effective indigenous peoples participation in environmental management, especially during environmental impact assessment (EIA). Special focus is drawn on the Finnish context, home of the Sámi indigenous people. The study applies an effectiveness review package by Lee and Colley (1999), supplemented by interview and questionnaire surveys, to analyse how effective the AK have been. It was found that although they were useful in promoting further interaction of the Sámi with authorities, the AK did not address their most fundamental political and legal grievances. This leaves room for EIA policy and practice, in Finland and all other jurisdictions with indigenous peoples, to consider how they can more effectively harness the potentialities in AK.

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“…For that reason, we analyse the conceptions of indigeneity, Sa´miness and ethnicity used in this particular academic research (e.g. J Joona, 2013;T Joona, 2012T Joona, , 2013aT Joona, , 2013bSarivaara, 2012).…”

Section: Introductionmentioning

confidence: 99%

Groupism and the politics of indigeneity: A case study on the Sámi debate in Finland

Valkonen

Koivurova

2016

Ethnicities

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The article addresses the problems of defining an indigenous people by deconstructing the Sámi debate in Finland, which has escalated with the government's commitment to ratify ILO Convention No. 169. We argue that the ethnopolitical conflict engendered by this commitment is a consequence of groupism, by which, following Rogers Brubaker, we mean the tendency to take discrete groups as chief protagonists of social conflicts, the tendency to treat ethnic groups, nations and races as substantial entities and the tendency to reify such groups as if they were unitary collective actors. The aim of the article is to deconstruct groupist thinking related to indigenous rights by analytically separating the concepts of group and category. This allows us to deconstruct the ethnicised conflict and analyse what kinds of political, social and cultural aspects are involved in it. We conclude that indigeneity is not an ethnocultural, objectively existing fact, but rather a frame of political requirements.

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The Historical Basis of Saami Land Rights in Finland and the Application of ILO Convention No. 169

Cited by 3 publications

References 0 publications

Stakeholder Perceptions of Landscape Justice in the Case of Atlantic Salmon Fishing in Northern Finland

Stakeholder Perceptions of Landscape Justice in the Case of Atlantic Salmon Fishing in Northern Finland

Promoting the Participation of Indigenous Peoples in Environmental Impact Assessment: Effectiveness of Akwé: Kon Guidelines in Finland

Groupism and the politics of indigeneity: A case study on the Sámi debate in Finland

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