Procedures for consultations with indigenous peoples - Experiences from Norway
of Norway in the spring of 2013. In its communication, the Sami Parliament indicates that a
decisive factor for its approval of the aforementioned Strategy was that the Ministry of Trade
and Industry is to take the initiative for consultations on amendments to the Minerals Act to
safeguard Sami interests and rights throughout the Sami territory, and to help maximize the
efficiency of the process to achieve such legislative change. In its reply to the communication
of the Sami Parliament, the Government indicates that the Strategy for the Minerals Industry
was presented by the previous Government and is of a non-binding nature. The Government
adds that it will consider whether the Minerals Act should be amended with the inclusion
of specific rules to protect Sami interests in connection with mineral operations outside of
Finnmark. If the Government considers amending these provisions, the Sami Parliament
will be invited to consultations, according to the established consultation procedures. The
Committee requests the Government to provide further information on the manner in which
it ensures that the Sami participate in the benefits of mining activities.
Articles 7 and 15(1). Reindeer husbandry. The Committee notes that Act No. 40 relating to
reindeer husbandry of 15 June 2007 was amended in June 2013. The Government reports
that the amendment came into force on 1 January 2014 and implies discontinuing the system
of area boards, and transfer of the responsibilities of the area boards to the county governors.
In its communication, the Sami Parliament indicates that the winding up of regional administrative boards and the transfer of regional reindeer husbandry administration to the county
governor was carried out without good faith consultations. The consultations were characterized by the Ministry of Agriculture and Food having taken a public and highly concrete position on the amendments before the consultations commenced. Consultations were concluded
without the Ministry making any amendments to what had been decided in April 2011, date
at which the Ministry announced on its website that the Reindeer Husbandry Act was to be
amended. The Committee notes that the Sami Parliament is deeply concerned by the fact
that the Government is not ensuring the implementation of the consultation obligations when
decisions are taken in this area which is of such great importance to the Sami. In its reply
to the communication of the Sami Parliament, the Government indicates that in 2011 a
decision was made concerning a proposal of possible changes in the public administration
of reindeer husbandry. The formal consultation process started a year later and the Sami
Parliament and the Ministry of Agriculture and Food had several meetings during a period
of one year. It was not possible to reach an agreement on the matter. The Government then
made a final decision and the proposed changes to the Reindeer Husbandry Act were sent to
Parliament. The Committee notes that the Ministry of Agriculture and Food invited the Sami
Parliament to take part in the development of a framework for Sami and reindeer husbandry
participation in the new regional administration. The Committee requests the Government
to continue to provide information on the measures taken to ensure that the rights of the
Sami to the natural resources pertaining to their lands are specifically safeguarded. Please
also provide an evaluation of the impact of the changes eventually introduced in the public
administration of reindeer husbandry.
Fishing rights of the Sami. The Government indicates that the Marine Resources Act includes
a provision on the importance of emphasizing Sami culture considerations in regulations
pertaining to fishing and in the management of fishing. Furthermore, the Participation Act
has been amended in 2012 to include a provision stating that the law is to be applied in
accordance with the principles of public international law on indigenous peoples and minorities. Another measure includes the establishment of a local fjord fishing advisory board that
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