A/HRC/18/35/Add.2 IV. Areas of concern A. Self-determination 32. While the laws and policies of Nordic countries with respect to the Sami people are relatively advanced, there are still ongoing barriers to the full realization of the right of Sami people to self-determination, both at the cross-border and national levels. In this regard, the United Nations Declaration affirms, in its article 3, that “indigenous peoples have the right to self-determination. By virtue of that right they freely determine their own political status and freely pursue their own economic, social and cultural development.” This provision of the Declaration mirrors the common article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, to which all three Nordic countries are parties. 1. Cross-border Sami self-determination 33. It should be stated at the outset that Sami representatives have made clear that their goal of securing relations among their people across borders and of advancing the selfdetermination of the Sami people as a whole is not based on a desire to form a separate Sami State. This stance on the exercise of self-determination is consistent with the United Nations Declaration on the Rights of Indigenous Peoples, which makes clear through its overall structure and specifically in its article 46, that self-determination for indigenous peoples is ordinarily to be exercised within the framework of the unity and territorial integrity of the State. 34. Throughout the world few examples exist to date of specific, formal arrangements to advance the self-determination of one indigenous people across the borders of several States. However, the move toward such arrangements is part of developments over the last several decades that challenge the assumption that national borders are the sole markers of political organization and authority. As noted, the Sami people have made significant efforts to advance their collective self-determination through the development of crossborder institutions and initiatives, and have taken noteworthy steps in this regard; but ongoing barriers persist. 35. As understood by the Special Rapporteur, the draft Nordic Sami Convention provides the principal framework for defining the common objectives of the Sami people and is an important component of the effort to advance Sami self-determination as one people (its clear shortcoming in this regard being that it does not apply to the Sami people residing in the Russian Federation). The Special Rapporteur understands the complexities involved in developing such a novel document, which some have described as a kind of “modern treaty” between Nordic States and the Sami people (even though the Sami are not anticipated to be a formal party to the Convention along with the Nordic States). Nonetheless, he echoes the concern expressed by several United Nations treaty bodies regarding the delayed progress towards adoption of the Nordic Sami Convention.23 36. After years of debate, in November 2010 representatives of the Governments of Norway, Finland and Sweden and the presidents of the three Sami parliaments agreed on a model for negotiations on the Nordic Sami Convention. Under the agreed model, the negotiations will be carried out between three delegations, each with a maximum of six persons, which must include representatives both of the respective Governments and of the 23 10 See e.g., E/C.12/SWE/CO/5, para. 15; CERD/C/SWE/CO/18, para. 21.

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