Procedures for consultations with indigenous peoples - Experiences from Norway
Second: the duty to consult is perceived as a continuous dialogue process that builds the
capacities, and strengthens mutual trust between the parties
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Consultation is perceived as a continuous process through the establishment of
arrangements for regular and institutionalized dialogue. Specific consultations are
embedded within the framework of continuous dialogue and of systematic and coordinated action. This approach gradually builds the trust and the capacities of the parties
in the process, facilitates the possibility of reaching agreement and, eventually, saves
time and resources.
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The role of the Sámediggi as the key representative institution for consultations has
strengthened its legitimacy and capacity. Likewise, the consultation processes have
enhanced the State authorities’ understanding of the concerns and priorities of the
Sami, and also enhanced the State’s ability to act in a systematic and coordinated
manner in upholding the rights of the Sami.
••
The consultation procedures focus on a qualitative process of dialogue, which fosters
collaborative rather than confrontational relations and, in the end, greatly facilitates
the possibility of reaching agreement or consent among the parties.
Other elements that have proved to be fundamental for the success of the consultations are:
••
Initial agreement on the specific consultation process, including stages, scope, time
frame, etc.
••
Institutional anchorage and decision-making power of the participating representatives, to ensure that they have the flexibility to consider various options.
••
Full information and openness between the parties and documentation of the process
and outcome.
••
High degree of flexibility in the process, allowing time for the parties’ internal
consultations.
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Development of a solid and accumulative knowledge base.
Norway’s experience seems to confirm that the quality of the consultation process is of decisive significance for the possibility of reaching consent: the parties have been able to reach
consent in the vast majority of cases. Even in cases where agreement was not reached, for
example regarding the Minerals Act, the parties have made their diverse positions clear.
Specifically, the Sami Parliament issued its own Mineral Guide and, although the Sami
Parliament does not have legislative powers, the Guide informs private companies about the
expectations of the Sami Parliament and has served as the basis for dialogue and negotiation
with such companies. This shows a pragmatic approach to handling disagreement, which
seems to have promoted predictability, legitimacy and dialogue in situations that could otherwise have been conflictual.
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