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International Organization for Self-Determination and Equality (IOSDE)

Kopparslagargrnd 2 83151 stersund, Sweden ph: +46 (0) 70 283 4808 info@iosde.org www.iosde.org

30 July /1 August 2013 Prime Minister Fredrik Reinfeldt Prime Ministers Office Rosenbad 4; SE-103 33 Stockholm fredrik.reinfeldt@gov.se +46 8 405 10 00 Re: International Law being violated by the State of Sweden in Sohppar/vre Soppero and Gllok/Kallak this week while 9th August 2013, United Nations International Day of the Worlds Indigenous Peoples,1 approaches. Dear Prime Minister Reinfeldt, The State of Sweden has not been acting in accordance with International Law in regards activities affecting the Indigenous Smi People and Spmi territory, including those activities involving State-permitted mining, mineral prospecting and mineral surveying. Swedens current Mineral Act and mining and mineral-related laws and policies and their applications, as well as State Indigenous land-related laws and policies in regards to the Smi People are out-of-date by International Human Rights and Indigenous Rights standards. The resulting actions of the State cause further trauma for the Smi People and traditional Smi culture, religion and subsistence. Mineral surveying and prospecting currently underway this week and last week in Sohppar/vre Soppero and Gllok/Kallak are the result of illegal acts by the State of Sweden and against Indigenous People under International Law. State-abuse of basic Human Rights and Indigenous Rights, including rights to dignity, health, culture, family, and traditional Indigenous lifeways and subsistence, is not permissible by International Law. Such abuse, including through the lack respect, promotion and application of processes involving true and genuine Free, Prior and Informed Consent (FPIC) and the lack of recognition of real and collective decision-making power of Indigenous People(s), is a violation of wellbeing of Indigenous People(s). IOSDE acknowledges that the State of Sweden is fully aware of these facts and of the related International Human Rights Laws, due to well-documented Swedish State-United Nations (UN) interactions via various Treaty Bodies at the United Nations as well as Sweden-signed International and Regional Treaties. Under International Criminal Law, violations resulting in loss of culture, experiences of psychological and physical trauma, and destruction of cultural objects and relics, religions and sacred and subsistence landscapes as well as in forced relocation are held to the eyes of States in poorer parts of the world as crimes and, thus, cases for the application of International Criminal Law (see, for example, the International Criminal Court (ICC) and the Rome Statue therein). In the context of wealthier and/or more internationally-powerful States of the world, such as Sweden, States have been, thus far, only held responsible to legal codes of International Human Rights obligations and UN treaty bodies in regards to current and ongoing rights violations. Such States are held to practices of justice such as reconciliation for now-criminal actions of the past. However, IOSDE and the world also have their eyes on the current actions of the State of Sweden in regards to Indigenous Rights, and all forms of applicable International Law, based both in Human Rights and Criminal Law traditions, as well as Indigenous traditions, therein.

The theme this year is Indigenous peoples building alliances: Honouring treaties, agreements and other constructive arrangements.

IOSDE: an equal future starts with an equal now


How Sweden behaves towards the Indigenous Smi People sets a standard for the world in regards to StateIndigenous relations and State behavior. So long as Sweden violates the right of Indigenous Peoples rights to decisionmaking powers concerning their own lands, health, traditions and Free, Prior and Informed Consent processes, Sweden is setting the lowest standard possible for the world in regards to adherence to and respect for both Human Rights and Indigenous Rights. Moreover, it can be argued that in doing so the Swedish State is also acting in a criminal manner towards the Indigenous People within their own territory, Spmi, which Sweden claims part of to exist within the Swedish State borders. If Sweden maintains friendly and trustworthy relations towards the Smi People, respecting, promoting and applying Indigenous Rights as per International Law, for example in regards to granting, or not granting, mineral prospecting permits and mineral surveying to third parties or to the State authorities, then Sweden may still be respected by the International Community for maintaining Human Rights-based intentions and activities, especially in regards to its own citizens. However, the fact that permission (FPIC) has not been given, for example, by the local Smi People for mineral prospecting or mineral surveying in Gllok/Kallak or Sohppar/vre Soppero, and yet Swedish State authorities still continue to grant mineral prospecting, drilling and surveying permits and orders despite both (local and regional) Smi and non-Smi protests therein, shows that the State of Sweden, by the codes of International law, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the United Nations General Assembly Resolution Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, General Assembly (GA) Resolution 2625, is not maintaining friendly relations with the Smi People. This August 9th, 2013 is the United Nations International Day of the Worlds Indigenous Peoples. The theme this year is "Indigenous peoples building alliances: Honouring treaties, agreements and other constructive arrangements." The United Nations describes the theme as thus, The theme aims to highlight the importance of honouring arrangements between States, their citizens and indigenous peoples that were designed to recognize indigenous peoples' rights to their lands and establish a framework for living in proximity and entering into economic relationships. Agreements also outline a political vision of different sovereign peoples living together on the same land, according to the principles of friendship, cooperation and peace.2 However, at exactly the time that much of the world is coming together to celebrate learning together how to achieve the goals such as those in G.A. Resolution 2625, the UNDRIP and the 2013 U.N. International Day of the Worlds Indigenous Peoples, the State of Sweden is allowing and employing police to violently protect business (mineral) prospecting into Indigenous lands without Indigenous FPIC (Gllok/Kallak), and even so far as to forcefully removing those Indigenous and non-Indigenous persons blockading the areas where drilling has been permitted by the State without FPIC. These protestors have acted in desperate attempt to protect the very Human Rights Laws the State itself is not protecting (but is, under International Law, obligated to do so), only to be criminalized by Sweden. Moreover, in vre Soppero a helicopter flew over the town continuously last week and weekend, surveying for minerals and without the permission (FPIC) of the Smi People; the local Smi community, Sarevuopmi, was neither specifically notified as an Indigenous People/community, nor were they consulted and included in the States decision-making process in regards to whether or not to survey and if so how, when, who, where, why and what. Such actions by the State create a feeling in these areas of war, where Indigenous People have no prior choice but to experience the drill and the helicopter and the decisions from afar. This in and of itself is a Human Rights violation. And, this at a time of traditional ear marking of reindeer calves, when many Smi community leaders and persons must tend to the reindeer together and cannot defend themselves and their lands, at the same time, against such Statepermitted illegal actions. In the spirit of friendship, the State of Sweden should, in fact, be learning from those who are opposed to the mining, mineral prospecting and mineral surveying on Indigenous lands. From such an education the authorities of the State can begin to understand how the States own actions are criminal by nature, rather than criminalizing protestors promoting Human and Indigenous Rights and the wellbeing of nature and those directly dependant on it. Moreover, should the State of Sweden need assistance with this process of learning, IOSDE and many other organizations, institutions and experts are

http://www.un.org/en/events/indigenousday/index.shtml website accessible as of 30 July 2013.

IOSDE: an equal future starts with an equal now

available to assist in the transition to sovereignty-based friendship, as instructed from the United Nations. For it is that friendship that is the only legal protection that Sweden has allowing it, as a State, to expect so much from the Smi People in the context of a continued territorial relationship. Legally, this friendship requires, to start with, adherence to the legal process of FPIC in regards to State use, or non-use, of Smi lands. In an era where States such as India, known for its Human and Indigenous Rights violations as well as its progress, have received order3 from their own Supreme Court mandating a stop to mining at the will of the local people- the Indigenous People, respecting Indigenous traditional relationship to the land and International Indigenous and Human Rights, how can it be that a State such as Sweden is still operating in such violation and continued methods of territorial colonialism? Moreover, States, such as South Africa, have also already halted, through their Court Systems, mineral prospecting due to lack of proper consultation and consent with the local community most tied to the land.4 Sweden has the intellectual resources, political power, networking abilities and international visibility to act as a model in respecting Indigenous Rights in the International context. And yet, here we are again in colonial-era, land-grabbing-based, Indigenous Rights violations. IOSDE recognizes the Smi People as a self-determining Indigenous People practicing key elements of their traditional culture, family, inheritance of traditions and land and subsistence food, work and cultural lifeways, amongst other human and Indigenous customs and values, dependent on the health of, access to, and decision-making power concerning the lands of Spmi. Such customs and values are Rights of Indigenous Peoples under International Law, as well as Human Rights in general. Sweden and its governing and administrative mechanisms are beholden to these International Laws that support Indigenous Peoples and Indigenous and Human Rights, including the rights of the Indigenous communities in relationships with the lands existing in and around/surrounding Gllok/Kallak and Sohppar/vre Soppero. The mental health of Indigenous Peoples has long been tormented by State colonialism and aggressive State tactics through which the ultimate goal has been State theft of land from Indigenous Peoples. For Sweden to grant mining permits, mining exploration permits and mineral surveying without the full Free, Prior and Informed Consent, including giving Indigenous People(s) sufficient time to make their decisions and speak to their needs, is a violation of Indigenous Rights. That the authoritative bodies of Sweden and its authority mechanisms have not yet thoroughly learned of and/or applied these Indigenous and Human Rights to their methods of functioning and decision-making is a problem whose cost falls of the dignity and wellbeing of the Smi People and especially the local Smi communities in the areas affected. In the case of the mining and mining prospecting permits and mineral surveying granted and/or initiated by the State without official, FPIC-based Smi permission, such violations result in ongoing, undignified hardships and further compound traumatic memories of violation and experiences of trauma, begun first in the first days of colonialism, for the Indigenous persons and People involved. IOSDE supports that Self-Determination means access to decision-making by a People, and of a People, beyond the scope of colonialism and colonial territory claims and development by States and Nations, including those of the Sweden used against the Smi People and the land of Spmi. Continuation of Indigenous Peoples unity, culture, traditional territories, traditional lifeways and their Human Rights must be upheld by the State of Sweden alongside and in friendship with the Smi People themselves, in accordance with, and according to, the treaties of International Law. Anything less is racist, damaging and undignified, and must be immediately re-examined and by the State itself via a Human and Indigenous Rights Audit of the State for the purposes of the updating of State laws, policies and actions so as to be in accordance with current International Law. IOSDE welcomes the State of Sweden to take the necessary actions so as to comply with International Law, operating in the context of the right of Indigenous Peoples to Free, Prior and Informed Consent as well as SelfDetermination. FPIC includes the right to say no to third-party or State projects on Indigenous land and that affect Indigenous wellbeing to a detriment. If an Indigenous community does not wish to have mining, mineral prospecting or invasive mineral surveying on their lands, they have the right to say no. Consent means yes or no; for example, nonconsensual sex is rape. IOSDE welcomes Sweden to consider the violations against the Smi Indigenous People occurring by State hands, as well as the required terms of friendship in light of the upcoming the United Nations International Day of

Supreme Court of India, Civil Original Jurisdiction, Judgment, 18 April 2013: Orissa Mining Corporation, Petitioner Versus Ministry of Environment & Forest & Others, Respondents, Writ Petition (Civil) NO. 180 OF 2011, available at http://www.supremecourtofindia.nic.in/outtoday/judgments/180.pdf, website accessible as of 30 July 2013. 4 South Africa Constitutional Court, Judgment, 30 November 2010: Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others, CCT 39/10 [2010] ZACC 26, http://www.saflii.org/za/cases/ZACC/2010/26.html, website accessible as of 30 July 2013.

IOSDE: an equal future starts with an equal now

the Worlds Indigenous Peoples on the 9th of August 2013 and the International Law of both Human Rights and Criminal Code. IOSDE recommends that the State of Sweden celebrate the upcoming the United Nations International Day of the Worlds Indigenous Peoples, themed "Indigenous peoples building alliances: Honouring treaties, agreements and other constructive arrangements, by stopping all State-permitted mining, mineral surveying and prospecting activities that have not been granted with full, genuine and complete Free, Prior and Informed Consent of the Indigenous Smi People, a selfdetermining Indigenous People, and the affected Smi communities therein. This is the legal step required in the fulfillment of Swedens International Human and Indigenous Rights obligations. Sincerely,

India Reed Bowers, B.A. LL.M Founder & Director, International Organization for Self-Determination and Equality (IOSDE)

IOSDE: an equal future starts with an equal now