Indigenous Peoples’ Fisheries Rights – A comparative perspective between Maori and the Sami

Abstract

The right to fish is intrinsic to the culture of indigenous peoples, including the Sami of Norway and Maori of New Zealand. The Sami currently still seek recognition of their cultural right to fish. Despite recent recommendations by the Smith Commission that Sami rights within the coastal area be recognized, this is yet to be realised. The Attorney General’s scathing criticisms have impeded the implementation of Sami rights within the coastal area. This paper offers a comparative perspective between Sami rights and Maori rights with regard to their respective fisheries. It is suggested that a claim based on a combination of indigenous rights, domestic legislation and international law may provide grounds for legislative recognition and implementation of coastal rights for Sami peoples.