2. Contents of the consultation procedures
Beyond the procedures for consultations with the Sámediggi, State authorities also have a
duty to consult other Sami bodies, in particular in cases that directly affect Sami occupations such as, for example, reindeer husbandry (Norwegian government website, undated).
The 2005 consultation procedures are agreed between the State and the Sámediggi and
therefore only regulate the State’s relationship with the Sámediggi. The duty to consult under
Article 6 of ILO Convention No. 169 applies, however, to the “peoples concerned”, in particular through their representative institutions. Hence, in individual cases, there may be a
duty to consult others in addition to the Sámediggi. This applies in particular to cases which
directly concern Sami occupations, such as reindeer husbandry (Norway, 2006: 3–4).
In such situations the Sámediggi is still involved in a coordinating role. The 2005 consultation procedures stipulate:
In matters where State authorities plan to consult local Sami communities and/or specific
Sami entities or interests that may be directly affected by legislation or administrative
measures, State authorities shall as early as possible notify which Sami entities or
organizations it regards as affected by the matter, and discuss the coordination of such
consultation processes with the Sámediggi (Norway, 2005: 9).
2.2.3. Matters that affect the Sami directly
In line with Article 6, paragraph 1 (a), of Convention No. 169, the 2005 consultation procedures
stipulate that these apply “in matters that may affect Sami interests directly” (Norway, 2005:
2). The procedures further establish that “State authorities shall as early as possible inform the
Sámediggi about the commencement of relevant matters that may directly affect the Sami, and
identify those Sami interests and conditions that may be affected” (Norway, 2005: 6).
The 2006 consultation guidelines further explain that the requirement that a matter must
affect Sami interests directly also implies that the matter in question must have a certain
general relevance to Sami culture. Hence, there will not be a duty to consult in every case
which has a direct effect on one or several Sami individuals, if the effect in question is not
also related to Sami culture (Norway, 2006: 6).
Consequently, as stated in the 2005 consultation procedures, “[m]atters which are of a general nature, and are assumed to affect the society as a whole shall in principle not be subject
to consultations” (Norway, 2005: 2).
The 2006 guidelines also specify that, in cases where it is not clear whether the Sami will
be affected directly, it may be appropriate to depart from the Sámediggi’s own assessment
of what may or may not directly affect the Sami and whether or not it wishes to initiate consultations (Norway, 2006: 7).
According to the 2006 consultation guidelines, this principle does not mean that matters for
consultation must exclusively concern the Sami, but they must be matters of particular interest to the Sami. There could, for example, be a duty to consult in certain matters relating to
fishing, since fishing is and has always been an important occupation for the Sami – even
though it is also an important occupation for many other Norwegians. In cases of a general
nature, which can be assumed to influence the entire society, such as taxation, pensions,
etc., the duty to consult will basically not apply (Norway, 2006: 6).
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