Indigenous Peoples' Rights in the Arctic With Comparative Approach (5op)

Osaamistavoitteet

COURSE DESCRIPTION:
Indigenous peoples have inhabited the Arctic for thousands of years. The proportion indigenous people is estimated to be about 10 percent of total population living in arctic areas. There are over 40 different ethnic groups living in the Arctic.

Arctic indigenous peoples include for example Sámi in circumpolar areas of Finland, Sweden, Norway and Northwest Russia, Nenets, Khanty, Evenk and Chukchi in Russia, Aleut, Yupik and Inuit (Iñupiat) in Alaska, Inuit (Inuvialuit) in Canada and Inuit (Kalaallit) in Greenland. All of the above-mentioned countries except Iceland have indigenous peoples living within their Arctic territory. Official statistics do not necessarily recognize indigenous populations separately, although differences occur. The number of indigenous people is not accurate because of the definition of indigenousness.

The course introduces the content of the international instrument of ILO Convention No. 169 concerning the rights of indigenous peoples. Finland has not ratified the Convention, but is considering it. The most central concepts of the Convention are introduced in the Sámi context with comparative approach. The lectures provide knowledge on challenges related to the ratification and implementation of this Convention: political and legislative from their nature. Comparison is made to those countries which have already ratified the Convention, mostly in Latin America. Generally, challenges relate to the status of indigenous peoples in international law and politics agenda, the rights to land and water of these peoples and the identity of indigenous persons. The course will also focus on the Draft Nordic Saami Convention, a proposed international agreement between Norway, Sweden, and Finland. Presented in 2005, the Convention would recognize Saami rights to self-determination as a distinct people as well as the authority of the Saami Parliaments. A short notion is also made to the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) within this context.

The Sámi people are recognized as the indigenous people of four different countries: Finland, Sweden, Norway and Russia. This course will provide general introduction to the rights concerning the Sámi people, particularly in Finland. The course has an interdisciplinary approach combining the methods of international relations and international law therefore it is suitable for students coming from different disciplines. Although the main focus is in the instruments of international law, concerning the rights of minorities and indigenous peoples, an evaluation of the most important national standards are made as well. A short introduction is made to linguistic and cultural rights of the Sámi, while mostly emphasizing the land right situation of the people with recent developments in this field. Comparison is made to the other Nordic countries, especially to Sweden and Norway.

The third part of this course emphasizes the strong relationship of indigenous peoples to their lands and waters and how this relationship has changed during the years. Within the Sámi people it is the minority who still practises these livelihoods, reindeer herding, fishing and hunting. The course focuses on the current challenges faced by the traditional livelihoods of the Saami. When speaking about reindeer herding, the loss of pastures and encroachment, competing other land use means, predators and climate change are causing severe problems in the continuation of the livelihood. During the lectures it is pondered what kind of political and legislative changes these challenges would require and what could be the useful instruments, perhaps already used. The discussion of traditional livelihoods relates to the concept of knowledge and how this knowledge is provided for example to decision-makers. The idea is to develop new ways of gathering and sharing the knowledge.


SUMMARY OF COURSE OUTCOMES:
Upon completion of this module the students will be able to:

1. Understand the basic conditions of the Saami people in the Finnish legislation, with
short evaluation of the two other Nordic countries, Norway and Sweden.
2. Determine what are the most central international instruments concerning the rights of indigenous peoples and also the new developments within this field.
3. Apply the specific international instruments to the situation of the Saami and analyze their effectiveness as a source of protection.
4. Grasp the challenges related to different national situations especially in the context of land rights and the identity of indigenous peoples.
5. Explain the current challenges faced by the traditional livelihoods practiced by the Saami
6. Produce academic papers about the rights of indigenous peoples.
7. Offer oral presentation with Power Point support together with the group.
8. Work with people coming from different disciplinary backgrounds and different cultures.

Sisältö

The underlying pedagogical idea of the course is a combination of lectures and active participation of the students as individuals and as groups. Course is divided into four modules:

Module 1 – Saami Rights in Finnish legislation with Comparative Approach
Student will learn the basic elements of Saami rights in the Finnish legislation, with comparison to other
Nordic countries. The focus is on land rights while cultural and linguistic rights are introduced as well.

Module 2 – International Instruments protecting the Rights of the Saami
Student learns the basic international instruments protecting the rights of indigenous peoples in the Saami context. Tools are provided to understand the main challenges related to these instruments and what their implementation could mean in the Finnish context.

Module 3 – Current challenges for the Traditional Livelihoods
Student learns to understand the current challenges faced by the traditional livelihoods in the Finnish Lapland. The aim is to find tools to handle these challenges from legal and political protection.

Module 4 – Comparative aspects of ILO Convention No. 169 and indigenous peoples rights
Student acquires skills in applying and analyzing the ILO Convention No. 169 into particular national cases with challenges in implementing the Convention into political and legal practices.

Lisätiedot

BASIC LEARNING MATERIALS FOR THE MODULES

• Learning materials/guides (provided by teacher)
• Group work material (provided by the teacher)
* Literature: Tanja Joona, The ILO Convention No. 169 in Nordic Context with Comparative Analysis: An Interdisciplinary Approach, Juridica Lapponica, 37, Lapland University Press, 2012.
Tanja Joona, Safegurading Cultural Rights of Sámi Children and Youth in Finland, with Special Emphasis on the Linguistic Part of Cultural Identity – Current Challenges. The Yearbook of Polar Law IX (2017) 109-129, Brill, 2018.
Possible other literature, articles etc. are provided by the teacher during the lectures.

Arviointi
Course performance will be graded 0-5.

Ajankohta
To be announced in due course.

Vastuuhenkilö
Associate Professor Tanja Joona, Faculty of Law, University of Lapland.

Suoritustavat

Toteutus ja työmuodot
• Lectures
• Group Work (presentation on specific topics to broaden the understanding)
• Report or academic paper (Learning Report Collecting the Main Findings and Ideas)

Vaadittavat suoritukset
Regular attendance is expected. Active participation is 10 %, group work presentation 30 %, and final report is 50 % of the course. Active participation during the seminar-sessions is required in order to pass this course.