n Sweden, extractive industries are placing increasing pressure on the traditional indigenous Sami livelihood ofreindeer herding. Consequently, the intersection of indigenous rights and mining-related development inSweden has become an increasingly contested socio-legal space. In this article, we analyse the extent to whichthere are meaningful opportunities for Sami reindeer herding communities in Sweden to effectively influence thepermit procedures concerning proposed mines, in order to protect their rights and interests. We provide acomprehensive socio-legal analysis that highlights the weak level of recognition of Sami rights and relatedimpact assessments within the mining permitting system in Sweden. We demonstrate the weakness is caused byseveral factors: an a priori assumption by Swedish authorities that reindeer herding and mining can generally co-exist; the lack of a codified Swedish State duty to consult the Sami; the narrow scope and the weak status ofcumulative impact assessments in Swedish EIA legislation and practice; and the weak recognition of Samireindeer herding as a “property right” during the permit review process under the balancing of competing land-uses. Our results highlight the urgent need for legislative reform in Sweden, if the State is to fulfil its interna-tional obligations and improve its legal consistency concerning the rights of the Sami as an indigenous people.
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n Sweden, extractive industries are placing increasing pressure on the traditional indigenous Sami livelihood ofreindeer herding. Consequently, the intersection of indigenous rights and mining-related development inSweden has become an increasingly contested socio-legal space. In this article, we analyse the extent to whichthere are meaningful opportunities for Sami reindeer herding communities in Sweden to effectively influence thepermit procedures concerning proposed mines, in order to protect their rights and interests. We provide acomprehensive socio-legal analysis that highlights the weak level of recognition of Sami rights and relatedimpact assessments within the mining permitting system in Sweden. We demonstrate the weakness is caused byseveral factors: an a priori assumption by Swedish authorities that reindeer herding and mining can generally co-exist; the lack of a codified Swedish State duty to consult the Sami; the narrow scope and the weak status ofcumulative impact assessments in Swedish EIA legislation and practice; and the weak recognition of Samireindeer herding as a “property right” during the permit review process under the balancing of competing land-uses. Our results highlight the urgent need for legislative reform in Sweden, if the State is to fulfil its interna-tional obligations and improve its legal consistency concerning the rights of the Sami as an indigenous people.
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