A/HRC/18/35/Add.2
Sami parliaments. Negotiations are to begin in 2011, with the aim that they are to be
completed within five years.
2.
Sami self-determination at the national level: the Sami parliaments
37.
The Sami parliaments are the principal vehicles for Sami self-determination in
Norway, Sweden and Finland, and they represent an important model for indigenous selfgovernance and participation in decision-making that could inspire the development of
similar institutions elsewhere in the world. Despite this, there is an ongoing need to
increase the Sami parliaments’ autonomy and self-governance authority, as well as to
strengthen their ability to participate in and genuinely influence decision-making in matters
that affect Sami people within the Nordic countries.
38.
The Sami parliaments expressed concern to the Special Rapporteur about the degree
to which the parliaments can genuinely participate in and influence decisions that affect the
Sami people, noting that they are generally regarded as bodies through which the Sami can
express their voice to Government authorities, without any guaranteed genuine influence or
decision-making power. In Finland, in particular, the statutory mandate of the Sami
Parliament is limited to matters concerning Sami languages, culture and indigenous status.
Even within these areas, the Sami Parliament’s input is restricted; for example, language
planning is carried out by a Finnish Government research institute, and there are plans to
transfer these duties to universities.24 Also, as a general matter, with a few exceptions,25
Sami parliaments lack specific decision-making powers in matters pertaining to the use of
lands, waters and natural resources.
39.
Certainly, to some extent, the Sami parliaments’ participation in decision-making
affecting the Sami people is facilitated by the establishment of clear consultation
procedures. As noted in paragraph 16 above, Norway has signed a consultation agreement
with the Norwegian Sami Parliament. However, the Sami Parliament has stated that while
“the procedures for consultations gave Sámediggi a better influence on the Government’s
policies in Sámi issues[,] experiences with the consultation agreement [have been] mixed.
There [are] still challenges regarding traditional Sámi ways of living and industrial
developments.”26 Also, representatives of the Norwegian Sami Parliament expressed
concern that the Government has at times entered into consultations having already decided
on outcomes. However, the Special Rapporteur observes that, if correctly applied, the
consultation procedure provides an important tool for the advancement of Sami rights and
the improvement of relations between the Sami people and the Norwegian State.
40.
Unlike Norway, Sweden and Finland do not have an agreement with the respective
Sami parliaments that establishes how and under what circumstances consultations should
be carried out. In Finland, under the relevant legislation, the Finnish Parliament is required
to consult with the Finnish Sami Parliament in matters that affect Sami concerns, although
representatives of the Finnish Sami Parliament reported to the Special Rapporteur that most
of their proposals and comments to the State, even on matters within the Parliament’s
recognized sphere of competency, remain unanswered by the Finnish Government. In
Sweden, a consultation procedure was to be included in the proposed bill on Sami people
referenced in paragraph 22 above in order to strengthen the Sami Parliament’s influence in
law-making processes and other areas, although, as noted, this bill is still being negotiated.
24
25
26
Act on the Research Institute for the Languages of Finland (48/1976, 591/1996).
For example in Norway, under the Planning and Building Act of 2008, the Sámediggi may raise
formal objections in planning matters of importance to Sami culture and economic life.
Report of the Working Group on the Universal Periodic Review, Norway, A/HRC/13/5, para. 24
(2010).
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