Preface
In November 2015, the Governing Body of the International Labour Office endorsed an ILO
strategy for action concerning indigenous and tribal peoples (ILO, 2015). With regard to promoting better application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169),
the strategy states the following:
Capacity building for ILO constituents and indigenous and tribal peoples’ organizations for
establishing and strengthening procedures for consultation and participation regarding key
public policy areas will be a strategic focus of ILO action. This would include mapping and
assessing existing practices and challenges regarding such mechanisms and promoting
dialogue, involving ILO constituents and indigenous and tribal peoples, in order to seek
solutions for overcoming related difficulties, in line with ILO standards (ILO, 2015).
In this context, the Office is seeking to document experiences regarding consultation and
participation for consideration by interested governments, employers’ and workers’ organizations, as well as organizations of indigenous peoples.
The present study looks at Norway, which was the first country to ratify Convention No. 169
in 1990. The approach taken in Norway regarding consultations with indigenous peoples in
accordance with Convention No. 169 comprises a series of interrelated steps and processes,
including adopting constitutional and legislative provisions, defining procedures, and establishing institutions and mechanisms to ensure implementation of these provisions. It illustrates that the quality of the consultation process in a decisive factor in reaching consent.
The study does not contain a comprehensive assessment of all consultation processes in
Norway since the adoption of the dedicated consultation procedures in 2005, but seeks to
present the main features of the process and how it has functioned in practice using mainly
the example of the consultation regarding the Minerals Act adopted in 2009. The practice
of the consultation procedures between the Norwegian government authorities and the Sami
Parliament (the “Sámediggi”) has evolved since 2009 and continues to do so. This paper
was prepared by the Office drawing on a study written for the ILO by Birgitte Feiring, with
contributions from John Bernhard Henriksen.
For ease reference, the paper reproduces relevant sections from the 2013 ILO Handbook for
ILO Tripartite constituents – Understanding the Indigenous and Tribal Peoples Convention
No. 1989 (No. 169), which provide guidance on the Convention’s provisions regarding consultation and participation. The most recent comments adopted by the ILO Committee on the
Application of Conventions and Recommendations (CEACR) on the Convention’s application
by Norway are reproduced in the paper’s annex.
Shauna Olney
Chief
Gender, Equality and Diversity Branch
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