Indigenous peoples' right to fish : recent recognition of Sámi rights in Finland through civil disobedience and criminal trial

Abstract

Fishing is a livelihood that is typical for many Indigenous peoples in the world and is often based on specific natural resources within areas that they have traditionally inhabited, giving rise to a distinct culture and way of life. Fishing may be important for the subsistence of an Indigenous group but also for trade, social life, language, ceremonies or artwork. It is also transmitted from generation to generation, representing both the continuity and evolution of a living Indigenous culture. This chapter discusses three recent (2022) court judgments in Finland in which the Sámi defendants were all acquitted of criminal charges after they had engaged themselves in fishing, each in their respective home river and in contravention of state-imposed restrictions. The courts acknowledged the importance of fishing as part of Sámi culture and rejected the charges, on constitutional grounds and also informed by the international human rights obligations of Finland concerning Indigenous peoples’ rights. Broader implications of the three cases relate to the relationship between ecological sustainability and cultural sustainability, to the notion of culture and to the potential role of Indigenous self-determination in the regulation of fisheries.