Procedures for consultations with indigenous peoples - Experiences from Norway
In the case of a search in Finnmark, the searching party shall in addition give written
notice to the Sameting (the Sami Parliament), Finnmarkseiendommen (the Finnmark
Estate) where it is landowner, and the relevant area board and district board for reindeer
management (Norway, 2009a, section 10).
Similar provisions for notification are included in section 13 of the Act, in the context of
exploration of minerals owned by the State.
Section 17 of the Act refers to applications for mineral exploration in Finnmark. It stipulates
as follows:
An exploring party shall take reasonable steps to obtain information about directly affected
Sami interests in the area that is to be explored.
A special permit may be refused if granting the application would be contrary to Sami
interests. In the assessment, special consideration shall be given to the interests of Sami
culture, reindeer management, commercial activity, and social life. If the application is
granted, conditions may be imposed to safeguard these interests.
When processing the application, the Directorate of Mining shall give the landowner, the
Sameting (the Sami Parliament), the municipality, and the relevant area board and district
board for reindeer management an opportunity to comment.
If the Sameting or the landowner opposes the granting of an application, the Ministry shall
decide the application.
If the Ministry grants an application (…), an appeal to the King by the Sameting or the
landowner shall have a suspensive effect (Norway, 2009a, section 17).
The UN Special Rapporteur on Indigenous Peoples observed in his 2011 report:
The Norway Mineral Act of 2009 requires that Sami cultural life be safeguarded under the
act and also requires, in Finnmark County, that the Sami Parliament and the landowner
have the opportunity to comment during the process of authorizing a permit. Nevertheless,
the Norwegian Sami Parliament has expressed concern that the act does not provide an
adequate level of consultation with the Sami Parliament on applications for permits within
Finnmark County, or any consultation for applications affecting traditional lands outside
that county (Anaya, 2011: 57).
As the parties did not reach agreement on the Minerals Act through consultations, the
Sámediggi, in response, elaborated a draft guide for the exploration and development of mineral resources (Sametingets mineralveileder). The draft mineral guide was sent out in 2009
for parliamentary hearings and eventually adopted by the Sámediggi in 2010 (Sámediggi,
2010a)
The Norwegian Minerals Act and also the Sami Mineral Guide were discussed at several of
the biannual consultation meetings.
At the meeting in August 2009, the President of the Sámediggi announced that the Sámediggi
had accepted that the Norwegian Parliament (the Storting) had adopted the Minerals Act. He
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