2. Contents of the consultation procedures
contact, exchange of written material), deadlines for responses, whether consultations at
the political level are required and the type of political proceedings. Sufficient time shall be
allocated to enable the parties to carry out genuine and effective consultations and political
consideration of all relevant proposals. In case it is necessary for the Sámediggi to consider
and debate the matter concerned in a plenary session, such debate and consideration
must be conducted as early as possible in the process.
When necessary, provisions shall be made for further consultations. Consultations shall not
be discontinued as long as the Sámediggi and State authorities consider that it is possible
to achieve an agreement.
When a matter is submitted for consideration to the Government (Cabinet), the ministerial
submission document shall clearly inform other governmental ministries about the concluded
agreement with the Sámediggi and, if necessary, also to include information about matters
where agreement has not been reached. In governmental propositions and reports to the
national parliament, the Storting, on matters where the governmental position differs from
that of the Sámediggi, the views and positions of the Sámediggi shall be reflected in the
documents submitted (Norway, 2005: 6).
In the particular context of legislative proposals of immense significance for Sami interests,
the consultation procedures establish that the plenary of the Sámediggi should be given
the opportunity to discuss the matter. The guidelines further emphasize that the Sámediggi
has the right to receive full information on all relevant aspects and that the plenary of
the Sámediggi must be able to influence the process. This means that preliminary bills
must be presented to the plenary. Normally, these would already have been cleared by the
Government, since bills are made public through open discussion in plenary session. If the
Sámediggi has comments on the substance of such bills, the bills will normally be returned
to the Government for further discussion before they are presented again to the Norwegian
Parliament (Norway, 2006: 12).
Given that the consultations procedures provide for inclusion of the Sámediggi’s views into
submission to the Government and the Storting, it is ensured that these views are made
known to the public, including in cases where agreement has not been reached.
2.4.1. Flexibility and practicality
The 2006 consultation guidelines provide for some flexibility with regard to adherence to
the guidelines, as long as this is mutually agreed to by the parties. Thus, they point out
that the consultation procedures are intended as guidance, meaning that the State and the
Sámediggi can jointly choose to deviate from them in areas covered by specific rules which,
in the estimation of both the ministry concerned and the Sámediggi, safeguard the interests
of indigenous peoples just as soundly as the consultation procedures. The guidelines also
stress that the State cannot unilaterally choose to not follow the consultation procedures
(Norway, 2006: 3).
The guidelines also provide for pragmatism and practical solutions, where possible, stressing
the importance for the consultation procedures to be structured in a way that makes it possible for both the State authorities and the Sámediggi to implement them in practice. Cases
which can be handled in a simple manner should be handled simply. For example, it should
always be considered if it is possible to resolve an issue through telephone contact rather
than through meetings (Norway, 2006: 11).
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