State seeks to stop Sami gaining control over mountain hunting

The Swedish state's attempt to block Sami villages from exercising their traditional hunting and fishing rights in the mountains represents a concerning shift in policy and a potential disregard for established legal precedents and indigenous rights. The recent legal strategy employed by the Chancellor of Justice (JK) signals a departure from previous positions and raises serious questions about political influence over judicial processes.

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JK's turn shows political influence over a legal process.

Following the landmark 2020 Supreme Court ruling that granted the Girjas Sami village rights over small game hunting and fishing on state land, five additional Sami villages have sought similar recognition. However, the state's new argument, focusing on the Reindeer Husbandry Act, appears to be an attempt to circumvent the spirit of the Girjas decision and undermine the concept of 'urminnes hävd' (ancient rights).

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JK is indeed the government's representative, but one does not take orders and directives in that way.

This legal maneuvering is particularly troubling given that the right to hunt and fish predates current legislation. As Supreme Court Justice Eric M. Runesson points out, these rights existed long before the Reindeer Husbandry Act was written, suggesting that the act cannot be used to extinguish them. The potential conflict with the Swedish constitution and the European Convention on Human Rights, as highlighted by Runesson, underscores the gravity of the state's actions.

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The right to hunt and fish through ancient rights existed even before the Reindeer Husbandry Act was written.

Furthermore, the assertion by lawyer Peter Danowsky that the state's change in strategy follows pressure from agricultural and political groups, including the Sweden Democrats, suggests a politically motivated attempt to curb Sami autonomy. This situation is viewed with deep concern by those who champion indigenous rights and believe in upholding the rule of law and international commitments. The Swedish government's stance risks alienating its Sami population and damaging its reputation on the international stage regarding human rights.

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Therefore, one can hardly take away the Sami villages' right by referring to today's legislation.