Procedures for consultations with indigenous peoples - Experiences from Norway
the Government indicates that the consultation mechanism ensures that decision-makers
are well acquainted with the views of the Sami Parliament and, in accordance with Article
6, seek to achieve agreement to the proposed measures. It adds that some challenges remain
regarding the practical implementation of the consultation procedures. The Government will
consider, in dialogue with the Sami Parliament, how these can be resolved. The Committee
requests the Government to continue to pursue its efforts to address the challenges identified and to provide information enabling it to examine the manner in which the procedures
established ensure the effective consultation and participation of the indigenous peoples
concerned in decisions which may affect them directly, giving full effect to the requirements
of the Convention.
Follow-up to the Committee’s previous comments. Amendments to the Finnmark Act. In
reply to the 2009 observation, the Government indicates that section 29 of the Finnmark
Act of 2005 was amended in 2012. The amendment came into force on 1 January 2013
and led to the expansion of the mandate of the Finnmark Commission to include the investigation of individual or collective rights to fishing spots upon request from a person with
a legal interest in clarification of such rights. The expansion of the Commission’s mandate
led to a parallel expansion of the mandate of the Uncultivated Land Tribunal for Finnmark.
The Finnmark Commission issued its first report in March 2012 (the Stjernøya and Seiland
field) and its second report in February 2013 (the Nesseby field). The Committee notes that
a common feature of the rights recognized by the Commission for the local population and
reindeer herders in the two fields is that they are based on long-term utilization. Thus, the
rights are protected against expropriation and similar procedures, and also involve certain
restrictions on the Finnmark Estate’s landowner rights. In March 2013, the Administrative
Regulations regarding the Finnmark Commission and the Uncultivated Land Tribunal for
Finnmark were amended by Royal Decree to align the procedures for appointment of members of the Tribunal with those applying to appointment of judges to the ordinary national
courts. The Sami Parliament was consulted before the new procedures for appointment of
members of the Tribunal were finally decided upon and the consultations led to an agreement. The Sami Parliament indicates that the Finnmark Estate Board has not adopted any
decisions regarding changes in the use of uncultivated land, although the authorities have
already given permission to several major land encroachment cases in Finnmark County. The
Committee trusts that the necessary steps will be taken to ensure that the process of identifying and recognizing rights of use and ownership under the Finnmark Act will be consistent
with Article 14(1) and also Article 8 of the Convention which requires due regard to customs and customary law of the indigenous peoples concerned in applying national laws and
regulations. The Committee therefore requests the Government to provide information on
progress made regarding the survey and recognition of existing rights of indigenous peoples
in Finnmark County, including information on the work of the Finnmark Commission and
the Uncultivated Land Tribunal for Finnmark. Please also include information on the implementation of the Finnmark Act as regards the management of the use of uncultivated land
in Finnmark County and on how the rights and interests of the Sami have been taken into
account in this process.
Direct request
Article 7 of the Convention. Development activities. The Government indicates in its report
that the Ministry of Petroleum and Energy and its subordinate agency the Norwegian Water
Resources and Energy Directorate (NVE) handle matters requiring consultations with the
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