2. Contents of the consultation procedures
According to the 2005 consultation procedures, their objective is to:
••
contribute to the implementation in practice of the State’s obligations to consult indigenous peoples under international law
••
seek to achieve agreement between State authorities and the Sámediggi whenever
consideration is being given to legislative or administrative measures that may directly
affect Sami interests
••
facilitate the development of a partnership perspective between State authorities and
the Sámediggi that contributes to the strengthening of Sami culture and society
••
develop a common understanding of the situation and developmental needs of Sami
society (Norway, 2005: 1).
The following sections will further describe and explore the rights and recognitions underpinning the consultation procedures, the key actors and scope of application of the duty to consult, together with the substantive and procedural requirements and the general procedures
to be followed.
2.1. Underlying rights and recognition
2.1.1. Recognition of the State’s duty to consult the Sami
The consultation procedures are based on article 110a of the Norwegian Constitution, and
Norway’s international human rights obligations, including ILO Convention No. 169 (Roy and
Henriksen, 2010: 7; KRD/Sámediggi, 2005: 3).
In its report, the joint Sami-Government working group concluded that article 110a of the
Constitution is both a directive for the State authorities and an element to be taken into account
in questions relating to the interpretation of Sami rights. The provision has been understood
to mean that the Sami themselves should preserve and develop their language, culture and
way of life (KRD/Sámediggi, 2005: 20). In addition, the report states that article 110a of the
Constitution also establishes a legal guarantee from the State that Norway’s commitments to the
Sami under international law will be respected and implemented (KRD/Sámediggi, 2005: 20).
Norway’s most explicit commitment to indigenous peoples’ rights is, of course, its ratification
of ILO Convention No. 169, but the working group report also reviewed a number of other
international standards which were seen as underpinning the State’s duty to consult the Sami
in Norway, such as the International Covenant on Civil and Political Rights (UN, 1966). The
Covenant is incorporated in Norwegian legislation through the 1999 Human Rights Act.3
3
The Human Rights Committee, which is the ICCPR treaty body, stressed in relation to Article 27 the importance of enacting positive legal measures to protect the land resources and traditional activities of minorities, and also measures to
ensure the effective participation of members of minority communities in decisions that affect them (see Human Rights
Committee, 1994).
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