3. Implementation experiences
In the same meeting, the parties also agreed that a good process was often of decisive
importance for a good result. When it was clear that consultations should take place, it was
important to reach agreement swiftly on how those should be undertaken. They also agreed
that there was a high degree of flexibility in how things could be done. Almost all cases, and
all consultations, were different. What was of fundamental importance, however, was that
consultations were undertaken with full information and openness between the parties and
that the process was documented (Minutes, 14.06.2010).
Further stressing the importance of a good process, the parties noted that consultations
often occurred at irregular intervals. A period with many consultation meetings could be followed by a longer period during which there was no new information. This often happened
because, in parallel with the consultations, internal processes of negotiation or clarification
were under way within the Government or within the Council of the Sámediggi. The parties
agreed that they should inform one another about such processes and must make it clear
that such breaks in their consultations did not mean that they had closed views or positions
which had not been discussed and consulted in depth (Minutes, 14.06.2010).
The practice in the context of specific localized consultations was also discussed. The parties
agreed that, in cases which in a specific and direct way affected Sami local communities
and interests, the State might also have a duty to consult those communities and interests.
The State had to coordinate such consultations with the consultations undertaken with the
Sámediggi. The previous practice had been for the Sámediggi and the local interested Sami
parties not to participate in the same consultation meeting (Minutes, 14.06.2010).
Lastly, the parties discussed the experiences gathered in efforts to reach agreement. They
agreed that consultations undertaken to achieve agreement were to a large extent about finding opportunities which gave the best possible mutual benefits. They noted that it was not a
requirement under the consultation procedures that they should reached agreement, but that
every possible effort must be made before abandoning agreement. The alternative to agreement was a poorer result, with prospects of insecurity and lack of legitimacy in the follow-up.
The experiences showed that, by far, most consultations achieved agreement. Until that
point, disagreement had been the exception. The parties had failed, for example, to reach
agreement on a new mineral act (Minutes, 14.06.2010).
A number of issues regarding consultations between the Sámediggi and the Norwegian government remain under discussions. An independent Sami Rights Committee delivered a
report on a number of matters, including a new law on administrative procedures and consultations in December 2007. The proposal is currently under consideration (Norwegian
Government, 2014).
3.3. Norwegian Minerals Act and the Sami Minerals Guide
As noted in the previous section, the parties did not reach agreement on the Norwegian
Minerals Act, which was adopted by the Norwegian Parliament in June 2009.
Among other considerations, the Act stipulates that it shall ensure that the foundation of
Sami culture, commercial activity and social life is safeguarded (Norway, 2009a, section 2).
In the context of search for minerals, the Act establishes the following:
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