2.2
In an attempt to reduce the number of reindeer breeders,
the Swedish Crown and the Lap bailiff have insisted that, if a
Sami engages in any other profession for a period of three years,
he loses his status and his name is removed from the rolls of the
lappby, which he cannot re-enter unless by special permission.
Thus it is claimed that the Crown arbitrarily denies the
immemorial rights of the Sami minority and that Ivan Kitok is the
victim of such a denial of rights.
2.3 With respect to the exhaustion of domestic remedies, the author states that he has sought redress through all
instances in Sweden, and that the Regeringsrätten (Highest Administrative Court of Sweden) decided against him on
6 June 1985, although two dissenting judges found for him and would have made him a member of the sameby.
2.4 The author states that the same matter has not been submitted for examination under any other procedure of
international investigation or settlement.
3. By its decision of 19 March 1986, the Working Group of the Human Rights Committee transmitted the
communication, under rule 91 of the provisional rules of procedure, to the State party concerned, requesting
information and observations relevant to the question of the admissibility of the communication. The Working
Group also requested the State party to provide the Committee with the text of the relevant administrative and
judicial decisions pertaining to the case, including (a) the decision of 23 January 1981 of the Länsstyrelsen,
Norrbottens län (the relevant administrative authority), (b) the judgement of 17 May 1983 of the Kammarrätten
(Administrative Court of Appeal) and (c) the judgement of 6 June 1985 of the Regerings ratten (supreme
administrative court) with dissenting opinions.
4.1 By its submission dated 12 September 1986, the State party provided all the requested administrative and
judicial decisions and observed as follows:
Ivan Kitok has alleged breaches of articles 1 and 27 of the International Covenant on Civil and Political Rights. The
Government has understood Ivan Kitok's complaint under article 27 thus: that he through Swedish legislation and as a result of
Swedish court decisions has been prevented from exercising his "reindeer breeding rights" and consequently denied the right to
enjoy the culture of the Sami.
With respect to the author's complaint under article 1 of the Covenant, the State party observes that it is not certain
whether Ivan Kitok claims that the Sami as a people should have the right to self-determination as set forth in article 1, paragraph
1, or whether the complaint should be considered to be limited to paragraph 2 of that article, an allegation that the Sami as a
people have been denied the right freely to dispose of their natural wealth and resources. However, as can be seen already from
the material presented by Ivan Kitok himself, the issue concerning the rights of the Sami to land and water and questions
connected hereto, is a matter of immense complexity. The matter has been the object of discussions, consideration and decisions
ever since the Swedish Administration started to take interest in the areas in northern Sweden, where the Sami live. As a matter
of fact, some of the issues with respect to the Sami population are currently under consideration by the Swedish Commission on
Sami issues (Samerättsutredningen) appointed by the Government in 1983. For the time being the Government refrains from
further comments on this aspect of the application. Suffice it to say that, in the Government's opinion, the Sami do not constitute
a "people" within the meaning given to the word in article 1 of the Covenant ... Thus, the Government maintains that article 1 is
not applicable to the case. Ivan Kitok's complaints therefore should be declared inadmissible under article 3 of the Optional
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