Reindeer Grazing dispute raised in the European Court of Human Rights
The reindeer grazing dispute in Härjedalen county, Sweden, will now be admissible by the European Court of Human Rights. It became clear recently when the European Court of Human Rights gave permission for the Sami Villages complaint. “It is positive,” says Jan Södergren, lawyer for the Sami villages.
- It is an incredible relief to the concerned Sami Villages that we received this news, “says Anders Kråik from Handölsdalens Sami village.
The concerned Sami villages lost the right to winter grazing on private lands in Härjedalen after lawsuits against landowners in the county.
After the Supreme Court denied leave to appeal for the Sami villages, they went on to the European Court of Human Rights with a complaint on four points.
Property Protection
We believe that the right to winter grazing is a property and crimes against property protection has been committed. Furthermore, it is critical of the burden of proof. That is to say that the Sami villages had to prove entitlement to winter grazing despite the landowners sued them in court. The third point is that we have not had access to financial legal aid. The fourth point concerns the length. It took almost 14 years from the summons until the Supreme Court denied leave to appeal in 2004.
Unusual with review
From these points, the European Court of Human Rights has sought the Swedish State’s view of things and now decided to take up two of the four parts of the Sami Villages complaint.
- It is positive, says Södergren which points out that the maximum five percent of the complaints as inadmissible by the European Court.
The issues to be considered is that of property protection and the long process time in the courts.
Hope results
The Sami Villages hold press conference on this today and prior to that wish Anders Kråik not say more about it than that he hopes that there may be effects that the European Court to take the matter up.
- This is the first time in world history as a indigenous people is granted leave to appeal, this could mean that the States may begin to reflect on their indigenous peoples policy seriously.
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