4. Concluding remarks
In general, the parties directly concerned, namely the Norwegian State and the Sámediggi,
seem to have benefited from the adoption and implementation of the consultation procedures. This positive view is confirmed by the ILO supervisory bodies. The following aspects
may be identified as among the key elements contributing to the success of the process.
First: the duty to consult is embedded in a coherent human rights and governance framework that recognizes substantive rights of indigenous peoples.
••
The consultation procedures are framed within the context of Norway’s obligations
under international law, in particular Norway’s ratification of ILO Convention No. 169.
Hence, Norway has submitted itself to a legally binding instrument with institutionalized supervisory mechanisms, which have been instrumental in guiding domestic
legislation and processes. Norway has thereby developed a unique model of consultation, adapted to the specific characteristics of the Norwegian State and Sami society
in Norway.
••
The consultation procedures are solidly embedded in the constitutional and legislative
framework of the State, which respects the substantial rights of indigenous peoples,
including rights to land. This delineates and frames the implementation of the duty
to consult indigenous peoples, and ensures a high degree of policy and legislative
coherence.
••
The consultation procedures are anchored in the institutional framework of the State,
providing mechanisms for coordinated and systematic action by the State authorities
in their relations with the Sami.
••
The consultation procedures provide for a broad and integrated governance approach
to participation and consultation. This involves, among other measures, the establishment and strengthening of a representative self-governance institution of the Sami;
institutionalized mechanisms for regular dialogue between the State and the Sami;
and research institutions and studies to inform the continuous dialogue between the
State and the Sami. These elements mediate power relations between indigenous
peoples and the State and could to some extent be regarded as preconditions for
meaningful consultations. The linking of consultation and participation enhances the
possibility that proposed measures are aligned with Sami priorities for development
at an early stage and thus facilitates the possibility of reaching agreement or consent.
••
The State provides resources to ensure the functioning of the Sámediggi as the overall representative and self-governance institution of the Sami. Recurrent discussions
about budget allocations underline the importance of this support in ensuring real
opportunities for adequate implementation of the rights to consultation, participation
and self-governance.
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