Procedures for consultations with indigenous peoples - Experiences from Norway
2.4.2. Regular dialogue and consultation
The consultation procedures provide for institutionalized and regular mechanisms for highlevel dialogue and consultation between the State and the Sámediggi. To that end, they
stipulate as follows:
Regular half-yearly meetings shall be held between the Minister responsible for Sami
affairs and the President of the Sami Parliament. Other governmental ministers may attend
these meetings when required. At these meetings, the situation and developmental needs
of Sami society, issues of fundamental and principal importance, and ongoing processes,
shall be discussed.
Regular half-yearly meetings shall also be held between the Sami Parliament and the
Interministerial Coordination Committee for Sami Affairs. Among other things, information
about relevant current Sami policy matters shall be provided at these meetings (Norway
2005: 5).
The ministry responsible for Sami affairs, as indicated in the 2006 guidelines, should
send out written material to other concerned ministries well in advance of the biannual
meetings. Ministries which have cases that they wish to raise at the meeting must inform
the ministry well in advance.
The guidelines also suggest that it may also be appropriate to establish regular meetings
between the Sámediggi and subnational State agencies and that these may be agreed upon
at a later stage (Norway, 2006: 10).
2.4.3. Information disclosure, documentation and knowledge base
In its Article 6, paragraph 1 (a), Convention No. 169 stipulates that consultations should be
undertaken “through appropriate procedures” (ILO, 1989). While such appropriate procedures are not defined in detail in the Convention, Norway’s consultation procedures includes
elements such as information disclosure, documentation and the establishment of an appropriate knowledge base as essential components of consultation and decision-making processes. The consultation procedures set out provisions to that effect:
3. Information
State authorities shall fully inform the Sámediggi about all matters that may directly affect
the Sami, as well as about all relevant concerns and queries at all stages of the process.
4. Public disclosure
Information exchanged between State authorities and the Sámediggi in connection with
consultations may be exempted from public disclosure provided it is authorised by law. The
principle of expanded public disclosure shall be practised. The final positions of the parties
in individual matters shall be made public.
7. Minutes
Minutes shall be kept of all consultation meetings between State authorities and the Sámediggi.
The minutes shall include a brief account of the subject matter, the views and positions of the
parties, and the conclusions made at the meeting (Norway, 2005: 3, 4 and 7).
The 2006 guidelines provide further extensive guidance in this area. They specify that the
State authority which will prepare legislation or measures must inform and facilitate dialogue
with the Sámediggi as early as possible in the process. Early information is a precondition for
the Sámediggi to participate and influence the processes and the final outcome. The respon-
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