Legal (non) recognition of Sámi customary relationship with the land in Finland:Challenges so far and prospects in the modern human rights era

• Main Authors: Heinämäki, Leena, Valkonen, Sanna, Valkonen, Jarno
• Other Authors: Bunikowski, Dawid, Hemmings, Alan D.
• Format: Book Part
• Language: English
• Published: Routledge 2020
• Subjects: /dk/atira/pure/person/fieldofscience2010/5/13; name=Law; /dk/atira/pure/person/fieldofscience2010/5/14/1; name=Sociology; sami
• Online Access: https://research.ulapland.fi/fi/publications/0c7dfca2-350f-428e-b071-4fbab12eecf7; https://doi.org/10.4324/9780429461149

This chapter discusses the ontological basis of Sami customary relationship with the land and the challenges of legal instruments to recognize this relationship, including ways of living, cultural practices, customs and customary laws, values, worldviews and knowledge. It argues that it is possible, however, to incorporate into legislation and policies Indigenous peoples’ values and to recognize their customary relationship with the land by engaging with Indigenous peoples in a meaningful way and acknowledging their customary ways of knowing and acting. Essential to the Sami customary relationship with the land is to consider nature and culture as one space – an entirety without categorical functional or philosophical differences between culture and nature. The management of the environment in the Sami homeland of Finland is governed for the most part by the Wilderness Act and the Conservation Act, which are essential elements of the Finnish system.