Syllabus Topic
Option 4: Indigenous peoples
Responses to indigenous peoples
the nation state and state sovereignty
INTRODUCTION
The concept of state sovereignty lies at the heart of the international legal system, defining the supreme authority of nation-states to govern their territories without external interference. This principle, while foundational to international law, presents both opportunities and challenges in the context of Indigenous Peoples' rights.
WHAT IS STATE SOVEREIGNTY
State sovereignty refers to the supreme authority and ultimate law-making power of a state, allowing it to govern independently, free from external interference. It is the source of a state’s legal and political power, enabling it to create and enforce laws over its population. The concept of state sovereignty can both assist and impede the recognition and protection of the rights of Indigenous peoples. The exclusive sovereignty of nation-states is a central focus of the entire international legal system, which can place Indigenous peoples in a vulnerable position, as sovereignty is traditionally held by nation-states alone. The issue of legal recognition of Indigenous peoples was historically viewed by the international community as a domestic matter for the relevant nation-state. Some nation-states have used their sovereignty to introduce domestic legislation and institutions aimed at affording rights to their Indigenous populations. However, the exercise of state sovereignty can also raise ethical concerns, particularly regarding the protection and enforcement of human rights. The Charter of the United Nations (1945), through Article 2(1), emphasizes the sovereign equality of all member states, which can limit the promotion of human rights since states' choices may conflict with fundamental human rights. International law, often shaped by the interests of states, must balance these with the broader interests of the international community, revealing tensions between state sovereignty and international law. Violations of international law can be seen as conflicts with the rules of other states, highlighting the paradox of international law protecting Indigenous People as potentially undermining state sovereignty.
CASE STUDY: Sami People v Sweden
The Sami people, who inhabit territories in Sweden, Norway, and Finland, have a unique political institution in Sweden known as the Sami Parliament (Samediggi), established in 1993 under the Sami Parliament Act 1992. The primary purpose of this elected body is to monitor issues related to Sami culture in Sweden.
However, despite its establishment, the Sami Parliament functions more as a governmental agency or consultative body rather than a fully empowered legislative institution. It meets only three times a year and lacks the authority to compel the Swedish government to pass specific laws or policies.
On several occasions, such as in 2008 when the Samediggi's request for the formal recognition of the Sami in the Swedish constitution was ignored, Sweden’s peak legislative bodies have overlooked the Parliament's recommendations.
While similar Sami parliaments exist in Norway and Finland, their influence is also limited by their inability to enter international negotiations or instruments. Consequently, the effectiveness of these bodies in protecting Sami rights is heavily dependent on the political will and state sovereignty of the Swedish, Norwegian, and Finnish governments.
The Swedish Ombudsman against Ethnic Discrimination highlighted this limitation in 2008, noting that the Sami Parliament lacks real political influence, as it does not have the right to participate in decision-making, co-determine legislative matters, veto administrative decisions, or serve as a compulsory referral body on issues concerning Sami interests.
This case illustrates how nation-states and state sovereignty can both assist and impede the recognition and protection of Indigenous Peoples' rights.
SOURCES
Medecins Sans Frontieres: The Practical Guide to Humanitarian Law
Nord Norge: The Sami
Samediggi: The Sami Parliament
Nordic Policy Centre: Sami Parliaments
Samediggi: Ethnic Discrimination
.jpg)
