Protocol to the International Covenant on Civil and Political Rights as being incompatible with provisions of the Covenant. 4.2 With respect to an alleged violation -of article 27, the State party admits that the Sami form an ethnic minority in Sweden and that persons belonging to this minority are entitled to protection under article 27 of the Covenant. Indeed, the Swedish Constitution goes somewhat further. Chapter 1, article 2, fourth paragraph, prescribes: "The possibilities of ethnic, linguistic or religious minorities to preserve and develop a cultural and social life of their own should be promoted." Chapter 2, article 15, prescribes: "No law or other decree may imply the discrimination of any citizen on the ground of his belonging to a minority on account of his race, skin colour, or ethnic origin." The matter to be considered with regard to article 27 is whether Swedish legislation and Swedish court decisions have resulted in Ivan Kitok being deprived of his right to carry out reindeer husbandry and, if this is the case, whether this implies that article 27 has been violated? The Government would in this context like to stress that Ivan Kitok himself has observed before the legal instances in Sweden that the only question at issue in his case is the existence of such special reasons as enable the authorities to grant him admission as a member of the Sorkaitum Sami community despite the Sami community's refusal ... The reindeer grazing legislation had the effect of dividing the Sami population of Sweden into reindeer-herding and non-reindeer-herding Sami, a distinction which is still very important. Reindeer herding is reserved for Sami who are members of a Sami village (sameby), an entity which is a legal entity under Swedish law. (The expression "Sami community" is also used as an English translation of "sameby".) These Sami, today numbering about 2,500, also have certain other rights, e.g. as regards hunting and fishing. Other Sami, however the great majority, since the Sami population in Sweden today numbers some 15,000 to 20,000 have no special rights under the present law. These other Sami have found it more difficult to maintain their Sami identity and many of them are today assimilated into Swedish society. Indeed, the majority of this group does not even live within the area where reindeer-herding Sami live. The rules applicable on reindeer grazing are laid down in the 1971 Reindeer Husbandry Act (hereinafter the "Act"]. The ratio legis for this legislation is to improve the living conditions for the Sami who have reindeer husbandry as their primary income, and to make the existence of reindeer husbandry safe for the future. There had been problems in achieving an income large enough to support a family living on reindeer husbandry. From the legislative history it appears that it was considered a matter of general importance that reindeer husbandry be made more profitable. Reindeer husbandry was considered necessary to protect and preserve the whole culture of the Sami ... It should be stressed that a person who is a member of a Sami village also has a right to use land and water belonging to other people for the maintenance of himself and his reindeer. This is valid for State property as well as private land and also encompasses the right to hunt and fish within a large part of the area in question. It thus appears that the Sami in relation to other Swedes have considerable benefits. However, the area available for reindeer grazing limits the total number of reindeer to about 300,000. Not more than 2,500 Sami can support themselves on the basis of these reindeer and additional incomes. The new legislation led to a reorganization of the old existing Sami villages into larger units. The Sami villages have their origin in the old siida, which originally formed the base of the Sami society consisting of a community of families which migrated seasonally from one hunting, fishing and trapping area to another, and which later on came to work with and follow a particular self-contained herd of reindeer from one seasonal grazing area to another. Prior to the present legislation, the Sami were organized in Sami communities (lappbyar). Decision to grant membership of these villages was made by the County Administrative Board (Länsstyrelsen). Under the present legislation, membership in a Sami village is granted by the members of the Sami village themselves. A person who has been denied membership in a Sami village can appeal against such a decision to the County Administrative Board. Appeals against the Board's decision in the matter can be made to the Administrative Court of Appeal (Kamnarrätten) and finally to the Supreme Administrative Court (Regeringsrätten) . 150

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