Procedures for consultations with indigenous peoples - Experiences from Norway
group was to clarify the legal basis for the State’s duty to consult the Sami and to elaborate
a proposal for consultation procedures (Norway, 2006: 2–3). The working group was established at the administrative level, with the task of elaborating a report for discussion at the
political level. The ensuing report is the joint work of the working group, but provides for
separate comments provided by either the members appointed by the KRD or the Sámediggi,
as necessary.
The working group issued its report in April 2005 (KRD/Sámediggi, 2005). The report clarified the legal basis for the Sami right to consultation and provided draft procedures for consultations between State authorities and the Sámediggi. The procedures were jointly signed
by the Minister for Local Government and Regional Development and the President of the
Sámediggi on 11 May 2005. Subsequently, the plenary of the Sámediggi gave its consent
to the procedures on 1 June 2005. Following that, on 28 June 2005, a Royal Resolution
affirmed that the consultation procedures would apply to the entirety of the State administration (Kongelig Resolusjon, 04/186, 28.06.2005).
On 23 June 2006, guidelines for State authorities’ consultations with the Sámediggi and any
other Sami interests were issued by the Ministry for Labour and Social Inclusion (Norway,
2006). The guidelines provide operational guidance to concerned authorities.
In its comments to Norway, the ILO Committee of Experts welcomed the consultation
procedures:
As a significant step towards ensuring that consultations, in accordance with the Convention,
take place with regard to all matters affecting the Sami directly, and looks forward to
receiving continuing information on its implementation and on any special agreements with
regard to specific matters (CEACR, 2009).
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