Statement by the Nordic Sami Council at the 6th Session of the UNWGIP - August 1988
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DOCUMENT: NSC_UN88.TXT
     

     Samiraddi                          THE NORDIC SAMI COUNCIL  
     Nordiska Sameeradet                El Consejo Nordico Saame 
     Pohjoismaiden Saamelais-           Le Conseil Saame Nordique
     Neuvosto
     SF-99980 Ohcejohka Utsjoki
     Tele. 9697-71 351


                     United Nations Working Group
                      on Indigenous Populations
                          (E/CN.4/Sub.2/AC.4)

     Sixth Session, 
     1-5 August 1988
     Agenda Item 5

     
                 Submitted by The Nordic Saami Council
                 -------------------------------------

     Madame Chairman

     On the behalf of the Nordic Saami Council, representing the 
     Saami people, I want to make some brief remarks refering to 
     item 5 on the agenda.  
     
     Madame Chairman, We would like to express our appreciation 
     that You have opened a new stage in the effort to develop 
     international recognition of fundamental rights of 
     indigenous peoples. We also note in this regard the 
     constructive comments made in response to your Working Paper 
     by Professor Danilo Turk, and the ECOSOC endorsement of the 
     preparation on an outline for a study on treaties involving 
     indigenous peoples by Professor Miguel Alfonso-Martinez. In 
     order to contribute to this ongoing process, we offer the 
     following comments on the Working Paper: 
     
     1. Our rights to self-determination, must be expressly 
     acknowledged. In addition self-determination should be the 
     primary theme of the declaration. 
     
     2. Our land rights are TERRITORIAL rights and must described 
     in these terms. Our needs are not met simply by referring to 
     land. The concept of TERRITORY includes, land of course, but 
     also includes our distinct relationship to the land, waters 
     and sea, as PEOPLES, and the full enjoyment of all resources 
     within our boundaries. 

     3. Our rights to resources must include the subsoil and 
     coastal zones. For many indigenous peoples, access to marine 
     resources and the ability to protect those resources from 
     over-exploitation by others is essential to economic well-
     being and often to economic survival. 
     
     4. Treaties with indigenous peoples and treaties which 
     acknowledge the rights of indigenous peoples, such as 
     borders crossing rights, must be faithfully and consistently 
     implemented. 

     5. In situations where an indigenous people has been divided 
     by an international frontier, states must be obliged to 
     permit free and continuous culture, social, economic, and 
     political relations to be maintained. 

     6. Indigenous territories and resources must be effectively 
     safeguarded against contamination and degradation. The 
     report by the World Commission on Environmental and 
     Development, also called the "Brundtland Report" should be 
     carefully considered in this context. 
     
     7. The relationship between indigenous peoples and states 
     must be based entirely on our consent, freely expressed 
     through our own authentic institutions. 

     8. I the Saami culturpolitical program adopted by the 8th 
     Saami Conference in 1972, the preamble starts with the 
     wordings "We are Saamis, and want to be Saamis, without 
     being more our less then other peoples in the world." I want 
     to emphasise that we should not be viewed as "minorities or 
     ethnic groups" under international law. We are distinct 
     peoples or nations.  
     
     Once again, Madame Chairman the profound testimony that we 
     have herd from the indigenous representatives during the 
     review of developments and the mixed reactions of 
     governments to the information provided, underlines the 
     urgent need for a strong and effective recognition of 
     indigenous rights. We believe that an effective and 
     meaningful declaration must contain a clear recognition of 
     these basic principles. 
     
     Thank You, Madame Chairman 


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