ABSTRACT
This chapter expresses that state recognition of Sami land rights may have diminished throughout the centuries, the rights themselves have never been formally extinguished. It examines the various arguments for restorative justice, with particular reference to developments in international law. The chapter then deals with specific reference to the Swedish mining industry, although the normative basis for arguments which applies equally to other resource sectors. In a Swedish context, the term colonisation may be understood as a process by which the state 'cultivated' the land of the north and put previously 'unused' territories into use. Swedish mining law, however, simply assumes that the legitimate aim and proportionality criteria are met in cases of mining, including in relationship to Sami reindeer-herding communities. Mining concessions are granted through an administrative and political process. In the Sami context, the Swedish state has an urgent obligation to act not only morally but also according to international law.
