Annex
Comments adopted by the ILO Committee of Experts on the Application on Conventions
and Recommendations in 2014 with regard to the application of the Indigenous and Tribal
Peoples Convention, 1989 (No. 169) by Norway
Observation
The Committee notes the Government’s report received in September 2013 and the communication by the Norwegian Sami Parliament received in January 2014. The Committee
recalls that the Sami Parliament, according to the wishes expressed by the Government upon
ratification, plays a direct role in the dialogue associated with the supervision of the application of the Convention.
Articles 6 and 7 of the Convention. Consultation and participation. The Government recalls
that the right of indigenous peoples to participate in decision-making processes was formalized in May 2005 with the establishment of the Procedures for consultations between the
state authorities and the Sami Parliament (PCSSP). As a result of this agreement, approximately 30–40 formalized consultations take place every year. The Government indicates that
consultations must be conducted in good faith on the part of both parties, and with the objective of achieving an agreement. In its communication, the Sami Parliament indicates that the
PCSSP has strengthened interaction and cooperation on items that may have a direct impact
on the Sami. Amendments to some legislative texts or regulations have been introduced following agreement or partial agreement between the parties. The Sami Parliament further
indicates that in cases in which agreement is not achieved, the consultative procedure has
been characterized by a lack of disclosure and late involvement of the Sami Parliament. In
these cases, the authorities have adopted a decision or taken a position publicly before the
consultations began or while they were in progress. The Sami Parliament adds that there
are sometimes major differences in the manner in which Article 6 of the Convention is
interpreted and complied with in practice by the various government ministries. The Sami
Parliament calls for clearer internal routines on the part of the Government in this area. The
Sami Parliament indicates that there is no mechanism that helps clarify whether the consultation obligations have been satisfied by the Norwegian Parliament (Storting) in specific
cases. Moreover, it adds that the PCSSP does not cover financial incentives or budgetary
measures. It is of the Sami Parliament’s opinion that financial parameters and initiatives are
of crucial importance and have a direct impact on the Sami community. The Sami Parliament
does not consider meetings to be consultations in compliance withArticles 6 and 7 of the
Convention where the Sami are only given an opportunity to make verbal interventions to
the Minister of Finance about the budgetary needs of Sami society, but where no insight is
gained into the Norwegian Government’s assessments, ranking of priorities and decisions.
The Committee previously noted that under the PCSSP, the state authorities are to inform the
Sami Parliament “as early as possible” about the “commencement of relevant matters which
directly affect the Sami”, and emphasized that consultations should be initiated as early as
possible to ensure that indigenous peoples get a real opportunity to exert influence on the
process and the final outcome. In its reply to the communication of the Sami Parliament,
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