Weekend: Just a nice try to shape up the Google translation of my earlier post on this subject:
The verdict is about who should be responsible for hunting and fishing in the mountains. The first instance, "District Court", says in his interpretation that the u s e of the site will provide the right to do this, instead of the State, which o w n s the land. The Court says that the organizational form "same village" (Swe: sameby) shall have the right to fisheries. Most of the Sami are n o t members in a sameby. (It is an economic organisation for those samis that conduct reindeer hirding)
That was the first obstacle here, w h o should handle the hunting and fishing issue. Another obstacle is that the local Court asks the Parliament, the selected Democratic Assembly in Sweden, to change the laws in Sweden which are not consistent with their verdict! (On these seperate issues, but still!) One would humbly to wonder if these laws would be taken as a legal guide how the local court would interpret the law. NO. Change the law after the local court's statement. Phu!
The issue seen from a practical point of view: The issue affects those who live in the area nearby this particular pasture (the ruling applies only to this “sameby”) and until now would have freedom of hunting for all people who have the right to use a rifle. From my personal opinion, it is not a practical problem, more of a legal problem. After the verdict. Perhaps the Sami manage to keep the waters healthy and ensure that there are plenty of fish e t c, so that they can make money on fishing rights. The State could lease out this right to them, or any other actor. But, a court, that gives away the right to an organisation, of several possible, on assymetric legal grounds, is wrong.
The Swedish State will have several reasons to appeal ruling. Similar cases have taken 5-6 years before they finally settled.
BUT, remember: This case has absolutely n o legal contact with the application of Mineral law and mining startups. But it contains emotions.
Kurt did touch on this subject in question time yesterday and pointed out that this was the first time in Swedish politics that there has been a Coalition government between Socialists and Greens and this is causing a certain amount of teething problems.That coupled with the immigration problem maybe causing the focus to be elsewhere at the moment.Just an opinion of course.
I am at a total loss as to the delay in this decision and i believe it is because the swedish government pussies are listening too much to these people. They do not own this land and it is a mere speck in a wilderness. It would appear that each individual is laying claim to 100s of square kilometres of land. As to the historic win it has been stated that it has nothing to do with Bem and i think that is true, These people can continue to hunt, fish and beat their reindeer as they like. I personally have no qualms about ways of life being gradually removed, its called progress. Why do we hold on to history and traditions, change and progress is the way forward.
For my part we (BEM) are not answerable to the Sami, they can ask as many questions as they like, we have fulfilled our part of the process. They obviously don’t want to talk to us, so why should we have dialogue with them? As I have said before, after the concession is granted they’ll come around (probably through the courts) but you can’t have meaningful discussions when only one side is asking the questions. I would think the Sami are having an early night tonight in preparation of a full turnout at the Jokkmokk market tomorrow. Lets hope we get an unbiased report of the activities, something I find the local press are lacking.
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