ABSTRACT

The coastal Sami population in Norway is among those who depend upon marine resources for their livelihood. Indigenous peoples' rights, including the right to natural resources, have improved substantially during the last several years, particularly through the United Nation (UN) system. The requirements for local community rights are based on premises found in a series of Norwegian Supreme Court decisions regarding questions of rights acquired by use from time immemorial, for instance fishing for a group of people in a defined geographical area. Such rights are held by a community or a group of people as collective rights. All general fundamental human rights also apply to the Sami people in Norway. These rights must be interpreted and implemented taking into account the specific historical, cultural, social and economic circumstances of the Sami. Clause 29 of the Norwegian Finnmark Act, together with the implementation of relevant international law, may better safeguard local community fishing rights for the coastal Sami.