2. Contents of the consultation procedures
The guidelines clarify that the procedures do not apply to municipalities. The Ministry of
Labour and Social Inclusion will take the initiative to further explore how Sami interests
can be adequately considered in the context of municipal proceedings. In cases where the
State has delegated authority to the municipalities, the consultation procedures may apply
to those municipalities. The procedures are also applicable to State businesses and State
enterprises, to the extent that these exercise administrative authority pursuant to delegation
from a higher-level State authority (Norway, 2006: 6).
The guidelines also provide guidance for cases where consultations are undertaken by subordinate instances that do not necessarily have the full decision-making power. They indicate
as follows: in cases that are being prepared by lower-level authorities but where the decisions are to be taken by higher-level authorities, the assessment of whether the State has
complied with its duty will have to take into consideration the consultations undertaken by
the various authorities concerned. This means that, in cases where the lower-level authority
and the Sámediggi have reached agreement and the decision is not subsequently changed by
the higher-level authority, no further consultations by the higher-level authority are required.
It is important that information conveying the particular viewpoint of the Sámediggi and the
outcome of consultations should always accompany the case in further proceedings.
When a lower-level authority knows that the higher-level authority has views that differ from
those of the Sámediggi, it should from the outset clarify the situation with that higherlevel authority, or ensure that the consultations are undertaken directly with the higher-level
authority (Norway, 2006: 13).
In addition, the guidelines draw attention to the need to establish regular consultations
with individual State authorities. They stipulate that, in areas where consultations are often
required (e.g. in the context of conservation plans and energy projects), it may be desirable
for the concerned authority and the Sámediggi jointly to develop standard procedures. In
such cases, the Ministry of Labour and Social Inclusion will be able to assist with the elaboration of these procedures (Norway, 2006: 13).
The 2006 guidelines also provide guidance for cases that are being referred by the ministries
concerned to the Government. In these cases, the guidelines stipulate the need for the ministries to note that consultations have been conducted with the Sámediggi, and to indicate the
viewpoints of the Sámediggi and the outcome of the consultations. The procedures do not
imply a general requirement that the ministries must continue consultations after the issues
have been referred to the Government, but the consultations should not be concluded as
long as it is believed that it is possible to reach agreement on solutions (Norway, 2006: 12).
2.2.2. Consultations with representative institutions
As mentioned in section 1 above, the Sámediggi was established in 1989, as a key element
in complying with the constitutional provision to “create conditions enabling the Sami people
to preserve and develop its language, culture and way of life” (article 110a of the Norwegian
Constitution).
In its 2005 report, the working group also fully acknowledges the importance of the Sámediggi
as the representative Sami institution that will play a key role in consultative processes.
The report notes that article 110a of the Constitution can hardly be implemented if the
Sámediggi is not involved in processes of significance for Sami culture, language and way of
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