Procedures for consultations with indigenous peoples - Experiences from Norway
of business activities related to mineral resources in the traditional Sami areas that benefit
and directly strengthen and develop Sami culture and communities. Such business must
be exercised in coexistence with – and not in replacement of – traditional Sami livelihoods
(Minutes, 14.06.2010).
3.4. Qualitative assessments of the consultation procedures
A number of analysts, including from the Sámediggi itself, have published qualitative assessments of the implementation of the 2005 consultation procedures. In a 2010 written presentation to the UN Special Rapporteur on the Rights of Indigenous Peoples, the Sámediggi
writes that:
Since the confirmation of the consultation agreement by Royal Decree in July 2005, the
Saami Parliament has consulted with the state authorities on many matters.
The Saami Parliament’s position has been strengthened on a general basis by the fact that
various ministries have become more aware of the need to include the Saami Parliament
in important processes (…).
Unfortunately, the [positive] consultations regarding the new Planning and Building Act and
Nature Diversity Act do not consistently represent the general experience. There have been
several cases in which the state authorities have not respected the consultation agreement
and the underlying international-law obligations (…).
The Saami Parliament has faced challenges connected to the fact that, in a number of
situations, there has been very little or no scope for real consultation with the state, as the
government has in reality already made the decisions. The Saami Parliament understands
that it can be difficult to reach agreement within government on large and complex
matters, but nevertheless takes the view that this cannot justify a failure to conduct real
consultation (Sámediggi, 2010b: 2–3).
In response to the criticism voiced at the 2011 biannual meeting that certain ministries failed
to fully embrace the consultation procedures, the Minister responded that, in general, there
was reason to be satisfied that the consultations with various ministries were now on a good
track. He pointed out that the arrangement was still a relatively new arrangement and that
time was needed for it to settle into place (Minutes, 13.12.2011).
The ILO supervisory bodies have also analysed the implementation of the consultation procedures. Thus, in 2009, the Committee of Experts on the Application of Conventions and
Recommendations noted as follows:
Both the Government’s report and the Sami Parliament’s comments highlight that following
the experience of putting in place the Finnmark Act, the need for an agreed framework for
consultations became evident. The Committee notes with interest that agreement between
the Government and the Sami Parliament on such a framework was reached with the
establishment of the “Procedures for consultations between the state authorities and the
Sami Parliament of 11 May 2005” (PCSSP). The PCSSP recognize the right of the Sami
to be consulted on matters that affect them directly, set out the objective and scope of
the consultation procedures in terms of subject matter and geographical area, as well as
general principles and modalities regarding consultations. The Committee notes that the
PCSSP are a framework agreement, which means that the state authorities and the Sami
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