A/HRC/18/35/Add.2
Such mutually agreed-upon frameworks would be important, and would alleviate some
Sami concerns about a lack of participation in decision-making.
41.
Along with effective means of consultation, an essential element of indigenous
peoples’ self-determination is their ability to exercise autonomy or self-government over
their internal and local affairs, as affirmed by the Declaration on the Rights of Indigenous
Peoples (art. 4). A common concern communicated to the Special Rapporteur was the
limited ability of the Sami parliaments to act independently and to make autonomous
decisions over matters that concern Sami people due to the statutory parameters of their
powers and functions. The Special Rapporteur understands that increasing the Sami
parliaments’ autonomous decision-making power may require some significant legal and
policy changes at the national level. However, the Nordic States, in consultation and
agreement with Sami parliaments, should consider delimiting spheres of responsibility in
which the Sami parliaments could have increased or sole independent decision-making
authority, especially in matters of major importance to the Sami. This should be done along
with strengthening recognition of the traditional decision-making authority of local Sami
institutions, like the siidas.
42.
The structure put in place for the Swedish Sami Parliament under the Swedish Sami
Parliament Act is of particular concern. In initially establishing the Sami Parliament, the
Government took the position that it was not intended to be a body for Sami selfgovernment, stating in the 1992 bill proposing establishment of the Sami Parliament that
“despite the designation ‘ting’ (meaning ‘Parliament’ in the word Sameting), there is no
question of it being a body for self-determination that shall act instead [of] the Riksdag or
the municipal council, or in competition with these bodies.”27 While the Swedish
Government has since acknowledged that the Sami Parliament constitutes a body through
which the Sami people can exercise its right to self-government, it still functions as both a
popularly elected body and a State administrative agency. Representatives of the Swedish
Sami Parliament expressed concern that, in its capacity as a State administrative agency, it
must carry out the policies and decisions made by the Swedish Parliament and Government
institutions, decisions that are sometimes at odds with the policy preferences of the Sami
people as expressed through the elected Sami Parliament members.
43.
Finally, budgetary constraints were identified as restricting the ability of the Sami
parliaments to effectively deal with Sami issues and act as conduits of Sami selfdetermination. In particular, the Special Rapporteur heard from all Sami parliaments that
they have too few resources that are available to be used for projects and initiatives that
they wholly determine and develop. In Sweden, the Sami Parliament receives funding
principally to carry out its obligations as a Government agency, but has minimal funding
for its work as an independent publicly elected body. Representatives of the Norwegian
Sami Parliament, or Sámediggi, have stated that their decision-making has at times been
constrained by earmarks established by the central Government in the allocation of
financial resources. The Government of Norway, however, takes a different perspective,
stating that new projects and initiatives for funding have often come from the Sámediggi
itself and that it has been granted considerable freedom in re-prioritizing the use of funds.
Also, the Sámediggi has noted with concern that the consultation procedure discussed in
paragraphs 16 and 39 above does not cover budget-setting.
3.
The Finnmark Act in Norway
44.
The Finnmark Act of 2005 in Norway offers important protections for the
advancement of Sami rights to self-determination and control over natural resources at the
27
12
Bill 1992/93:32.