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Mineral extraction in Swedish Sápmi: The regulatory gap between Sami rights and Sweden’s mining permitting practices

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  • Raitio, Kaisa
  • Allard, Christina
  • Lawrence, Rebecca

Abstract

In Sweden, extractive industries are placing increasing pressure on the traditional indigenous Sami livelihood of reindeer herding. Consequently, the intersection of indigenous rights and mining-related development in Sweden has become an increasingly contested socio-legal space. In this article, we analyse the extent to which there are meaningful opportunities for Sami reindeer herding communities in Sweden to effectively influence the permit procedures concerning proposed mines, in order to protect their rights and interests. We provide a comprehensive socio-legal analysis that highlights the weak level of recognition of Sami rights and related impact assessments within the mining permitting system in Sweden. We demonstrate the weakness is caused by several 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 of cumulative impact assessments in Swedish EIA legislation and practice; and the weak recognition of Sami reindeer 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 international obligations and improve its legal consistency concerning the rights of the Sami as an indigenous people.

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  • Raitio, Kaisa & Allard, Christina & Lawrence, Rebecca, 2020. "Mineral extraction in Swedish Sápmi: The regulatory gap between Sami rights and Sweden’s mining permitting practices," Land Use Policy, Elsevier, vol. 99(C).
    • Handle: RePEc:eee:lauspo:v:99:y:2020:i:c:s026483771931419x
    DOI: 10.1016/j.landusepol.2020.105001
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    References listed on IDEAS

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    1. Söderholm, Kristina & Söderholm, Patrik & Helenius, Heidi & Pettersson, Maria & Viklund, Roine & Masloboev, Vladimir & Mingaleva, Tatiana & Petrov, Viktor, 2015. "Environmental regulation and competitiveness in the mining industry: Permitting processes with special focus on Finland, Sweden and Russia," Resources Policy, Elsevier, vol. 43(C), pages 130-142.
    2. Owen, John R. & Kemp, Deanna, 2014. "‘Free prior and informed consent’, social complexity and the mining industry: Establishing a knowledge base," Resources Policy, Elsevier, vol. 41(C), pages 91-100.
    3. Rebecca Lawrence & Rasmus Kløcker Larsen, 2017. "The politics of planning: assessing the impacts of mining on Sami lands," Third World Quarterly, Taylor & Francis Journals, vol. 38(5), pages 1164-1180, May.
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    Cited by:

    1. Johanna Järvelä, 2023. "The Mine or the Mire? Mobilising Place in Natural Resource Struggles," Journal of Business Ethics, Springer, vol. 187(2), pages 237-254, October.
    2. Håkan Tarras-Wahlberg & John Southalan, 2022. "Mining and indigenous rights in Sweden: what is at stake and the role for legislation," Mineral Economics, Springer;Raw Materials Group (RMG);Luleå University of Technology, vol. 35(2), pages 239-252, June.
    3. Fjellborg, Daniel & Beland Lindahl, Karin & Zachrisson, Anna, 2022. "What to do when the mining company comes to town? Mapping actions of anti-extraction movements in Sweden, 2009–2019," Resources Policy, Elsevier, vol. 75(C).
    4. Linda Wårell, 2021. "Mineral Deposits Safeguarding and Land Use Planning—The Importance of Creating Shared Value," Resources, MDPI, vol. 10(4), pages 1-18, April.
    5. Leena Suopajärvi & Karin Beland Lindahl & Toni Eerola & Gregory Poelzer, 2023. "Social aspects of business risk in the mineral industry—political, reputational, and local acceptability risks facing mineral exploration and mining," Mineral Economics, Springer;Raw Materials Group (RMG);Luleå University of Technology, vol. 36(2), pages 321-331, June.
    6. Johnson, Eva Liedholm & Ericsson, Magnus & Löf, Anton, 2023. "The mining permitting process in selected developed economies," Land Use Policy, Elsevier, vol. 131(C).
    7. Beland Lindahl, Karin & Suopajärvi, Leena & Tulilehto, Mari & Poelzer, Gregory & Eerola, Toni, 2023. "Factors affecting local attitudes to mineral exploration: What's within the company's control?," Resources Policy, Elsevier, vol. 84(C).

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