3.
Article 10 – Administrative authorities and public services
3.1 Article 10
paragraph 1 sub-paragraph a:
The Sami Act defines the
Sami language administrative district to be the following
six municipalities: Deatnu - Tana, Kåfjord, Gouvdageaidnu -
Kautokeino, Kárásjohka - Karasjok, Porsanger and Unjárga - Nesseby.
Those who communicate in Sami to any local public body in this area
are entitled to receive a reply in Sami.
In January 2001, the Ministry of
Local Government and Regional Development, appointed a working
group comprised of the relevant municipalities and others to
determine whether the extra expenses incurred by the municipalities
in connection with bilingual administration are sufficiently
recompensed.
The Sámediggi has submitted a
contribution to the Norwegian report, cf. enclosure no. 1,
Report on the status of the Sami language in Norway dated
23 November 2001. Point 5.1 of the report discusses the
administration of funding for bilingualism measures in the Sami
language administrative district.
In communications with the
Sámediggi, both oral and written replies will be provided in Sami
when so requested. The Sámediggi has submitted a contribution to
the Norwegian report, cf. enclosure no. 1,
Report on the status of the Sami language in Norway dated
23 November 2001. Point 2.9 of the report discusses various surveys
conducted on the utilization of the Sami language.
The Norwegian Armed Forces
Norwegian is the official language
of correspondence with local and regional authorities and with the
Sámediggi, as these are defined as multilingual public bodies.
Norwegian is also the language used for education and training at
military schools and training centres. Home Guard units within the
Sami language administrative district, however, normally have local
staff members that are proficient in both spoken and written Sami
for individual communication.
The Police Force
The Police Force within the Sami
language administrative district is able to respond in the Sami
language in all spheres where this is necessary to carry out their
duties satisfactorily. All local lensman districts within this area
have Sami-proficient employees on their staffs.
Each year the Ministry of
Justice/the Norwegian Police Directorate sets aside extra budgetary
funding to enhance proficiency in Sami for its employees in the
Sami language administrative district.
Members of the Sami population or
others who are proficient in the Sami language are given priority
in admissions to the National Police Academy. The National Police
Academy in Bodø admits between 2 and 4 Sami-proficient candidates
each year.
Translation of documents and
interpreting are offered and carried out according to specific
needs in each case.
The Prison Service
The Prison Service utilizes
services in education, health care, etc., from the local
communities. The Ministry presumes that Sami-proficient personnel
are used when this is necessary or possible, or that an interpreter
is provided. A Sami-speaking inmate may be transferred to an
institution where Sami-proficient personnel can better provide the
abovementioned services when this is in accordance with the
necessary security considerations. Furthermore, documents will be
translated into Sami if necessary.
The administration authority for conscientious objectors
The administration authority for
conscientious objectors in Northern Norway can process all written
requests submitted in Sami, and will provide written replies in
Sami. However, the authority is not able to process or answer oral
requests.
Guardianship
There is Sami-proficient personnel
at the Office of the Public Guardian in the municipalities of the
Sami language administrative district to ensure that the officials
are able to communicate in the same language as the client.
Compensation for the victims of violent crime
The Ministry of Justice has
published a folder concerning compensation for the victims of
violent crime. This folder is available in Sami. If an application
is submitted in Sami, the decision will be available in Sami
although the administrative work is likely to be conducted in
Norwegian.
Legal Aid
The overall range of legal aid in
Norway today is extensive and available in a host of different
forms. Legal aid is provided free of charge by law students, and
the public legal aid offices, legal aid insurance and legal aid
services offered by unions to their members are all also important.
The Consumer Council, the Consumer Disputes Commission and numerous
appeals boards also make a significant practical contribution.
The main legislation outside the
area of criminal law is the Act of 13 June 1980 No. 35 regarding
free legal aid. Free legal aid is paid for in total or part by the
state and is provided by privately practising lawyers in the form
of free legal advice or free legal conduct of a case.
Pursuant to Article 110 a of the
Norwegian Constitution and Article 27 of the United Nations
International Covenant on Civil and Political Rights, the Norwegian
authorities are obligated to use certain affirmative measures to
preserve and develop the Sami culture. If an applicant has a
juridical problem which in some way is connected to preserving or
developing the Sami culture, the Norwegian authorities will grant
the applicant free legal aid even if the specific juridical problem
would not normally be encompassed by the Act relating to free legal
aid.
The Legal Aid Office in Inner
Finnmark was established in 1987. The purpose of the Office was to
provide with legal service in this part of the country, and
especially to the minority groups in Inner Finnmark (the Sami
population). The Legal Aid Office has three employees, of which two
speak and write the Sami language. The office used to give free
legal counselling to the local population, while the rest of the
Norwegian population gets free legal counselling only when certain
criteria are fulfilled. The Parliament has now decided that legal
aid given at this office has to follow the same rules as legal aid
given in the rest of the country, i. e the Norwegian act regarding
free legal aid has to apply to the specific person. However, as
mentioned above, the authorities have in some cases made exceptions
from the rules and thereby given free legal aid to individuals
(Samis) when this has been thought to be necessary to protect and
secure the Sami culture.
The Environmental Administration
The Environmental Administration
conducts no written correspondence in Sami. At the county level,
all reports concerning the Sami population are translated into
Sami. An interpreter is utilized for meetings, etc. when this is
necessary.
Statsbygg (Directorate of Public Construction and
Property)
All of the Directorate’s personnel
in buildings where users of the Sami language are working have
command of Sami. Proficiency in Sami is considered to be an
important qualification when recruiting personnel to work in such
buildings.
The Public Roads Administration
The county roads offices of the
Public Roads Administration in Finnmark, Troms and Nordland
regularly receive questions, applications etc. in Sami. The
Finnmark County Roads Office has several Sami-proficient employees
on its staff, and this office assists other roads offices in
providing oral replies to enquiries and applications submitted in
Sami. For written replies the services of professional translators
are utilized. Road signs are issued in both Norwegian and Sami in
the municipalities that constitute the Sami language administrative
district.
The Norwegian Reindeer Husbandry Administration
The Norwegian Reindeer Husbandry
Administration has two local offices in the Sami language
administrative district. There are a total of 12 employees in these
offices, 11 of whom are fluent in both spoken and written Sami,
while one is only able to speak Sami. All applications submitted to
these offices in Sami receive oral or written answers in Sami. The
local government administration in Alta has three employees who are
proficient in Sami, only one of whom is also able to write in Sami.
Some applications submitted to this office do not receive answers
in Sami.
The Public Employment Service (Aetat)
The Sami language is spoken or
written in some extent in the county of Troms, and particularly in
following areas in the county of Finnmark: Karasjok, Kautokeino,
Tana, Nesseby and Porsanger. There are also employees in Aetat, the
labour offices at local level in these areas, who practice Sami in
spoken and written language whenever needed. The use of Norwegian
language is not considered to be of any practical problem since
most of the Sami people speak both Norwegian and Sami in daily
life.
3.2 Article 10
paragraph 1 sub-paragraph b:
The Ministry of Health and Social
Affairs lacks information on local compliance and the distribution
of centrally issued Sami-language information at hospitals,
national insurance scheme offices etc. Information regarding the
family doctor reform implemented from 1 June 2001 was distributed
in Sami. The Ministry is not aware of any technical or practical
problems regarding the update of information relating to health and
social affairs in the Sami language.
The Public Roads Administration has
published a variety of information material in Sami including a
road safety plan for Finnmark, a compilation of words and
expressions related to road traffic in Norwegian and Sami, and two
booklets aimed at road safety training in public schools.
In connection with the 2001
national population census, Statistics Norway (the Central Bureau
of Statistics of Norway) prepared a brochure and information letter
in Sami. A Sami-language answer service was also established for
oral enquiries.
A majority of the commonly used
forms from the Directorate of Taxes have been translated into Sami.
For technical reasons, the pre-filled out tax return form is not
yet available in Sami. This matter will be taken up for review in
the near future.
Statsbygg (Directorate of Public
Construction and Property) oversees some of the buildings used in
the Sami language administrative district and has been the
entrepreneur in charge of constructing a number of these buildings
(most recently the Sámediggi complex). In this connection, the
Directorate has published some information in Sami. All fault
complaint forms in buildings housing Sami users are printed in both
Norwegian and Sami. Invitations to ceremonies in connection with
the ground-breaking or inauguration of new buildings housing Sami
users, as well as other official arrangements, are printed in both
Norwegian and Sami.
The Norwegian Public Service
Pension Fund will prepare Sami-language information material
concerning the special pension scheme for representatives serving
on the Sámediggi pursuant to Chapter 2 section 15 of the Sami
Act.
The Environmental Administration
has published several pamphlets that have been translated into
Sami. A form used for applications for compensation for damage to
reindeer on grazing grounds is available in Sami at the county
administration offices.
All administrative texts and forms
from the Sámediggi are available in both Norwegian and Sami. The
Ministry of Local Government and Regional Development translates
all its publications concerning Sami policy into Sami.
The National Office of Building
Technology and Administration has published a Sami translation of
the Technical Regulations under the Planning and Building Act. This
is a regulation concerning requirements for construction works and
products for construction works.
Published in 2001,
Sámediggeválggat 2001 is a 111-page document in Sami
containing information about the Sámediggi in Norway and all
relevant election procedures. Prior to the September 2001 elections
to the Sámediggi and the Storting (Norwegian national assembly),
the Ministry published information about the elections in
announcements in the daily press. Three of these announcements were
published in Sami.
A summary of Report No. 34
(2000-2001) to the Storting on regional policy has been translated
to Sami. The Hammerfest branch of the Norwegian State Housing Bank
offers a variety of information material in Sami.
The Norwegian Armed Forces
publishes its most frequently used forms in both Norwegian and
Sami. There is little demand for the latter, even in the Sami
language administrative district.
The forms and most important
information from the authorities in relation to the reindeer
husbandry report are available in Sami.
3.3 Article 10
paragraph 1 sub-paragraph c:
Chapter 3 section 2 of the Sami Act
stipulates that all statutes and regulations of particular interest
to the Sami population shall be translated into Sami.
3.4
Article 10 paragraph 2 sub-paragraphs a and b:
The juridical base for paragraph 2
sub-paragraphs a-f is found in the Sami Act. With regard to
sub-paragraph g we refer to the Act relating to place names.
In a report on the provision of
bilingual services, the Norwegian Institute for Urban and Regional
Research has examined the degree to which local authorities in the
Sami language administrative district have complied with the
language provisions of the Sami Act (NIBR-rapport 2001:17,
Tospråklig tjenesteyting). The report concludes that it
has become easier to use Sami in contacts with the local and
regional authorities, but the findings are not unambiguous. In
Gouvdageaidnu - Kautokeino, 86% of the administrative officers
working for the local and regional authorities speak Sami. In
Kåfjord the figure is 20%, and about half of these can write in
Sami. Some 40 % of the personnel of the local authorities in the
Sami language administrative district are capable of providing
replies in written Sami.
3.5
Article 10 paragraph 2 sub-paragraphs c and d:
A report from the Nordic Saami
Institute finds that the use of Sami in announcements from regional
and local governments is satisfactory (NSI-rapport nr. 1/2001).
There is little use of Sami in local and regional publications,
with the exception of publications from Finnmark county
municipality.
3.6
Article 10 paragraph 2 sub-paragraphs e and f:
The sessions of the Sámediggi are
bilingual. Meetings in the local and regional government
administration are bilingual in the municipalities Unjárga -
Nesseby, Kárásjohka - Karasjok, Deatnu - Tana and in the county of
Finnmark. The meetings in Gouvdageaidnu - Kautokeino are mainly in
Sami. The meetings in Kåfjord, Porsanger and in the regional
assembly in Troms are conducted solely in Norwegian.
3.7 Article 10
paragraph 3 sub-paragraph b:
We refer to article 10 paragraph 1
sub-paragraph a.
3.8 Article 10
paragraph 4 sub-paragraph a:
The Sámediggi administers funds for
Sami interpreting services and bilingualism measures.
There is an adequate number of
Sami-speaking tax officials in the Sami language administrative
district, so the services of professional interpreters are not
needed within this sphere.
It remains difficult for many Sami
patients and clients to exercise their right to use Sami in their
communications with the health and social services sector as there
is a lack of Sami-proficient personnel. It is acknowledged that the
use of staff members not connected with the specific case or
relatives of the patient as interpreters is unsatisfactory and may
give rise to medical and ethical problems. This comment also
applies to Article 13 paragraph 2 sub-paragraph c.
3.9 Article
10 paragraph 5:
The Personal Names Act
The Government has recently
presented a bill on personal names. The bill gives everyone the
right to take back their great-great-grandparents’ family names.
This will, among others, make it easier for the Sami people, the
Kven and other national minorities to bring their former family
names into use.
Sami characters and ICT
The use of Sami in the Brønnøysund
Registers has been evaluated in connection with the Register of
Business Enterprises and the Central Coordination Register for
Legal Entities. There is no legal stipulation requiring that these
nation-wide registries be able to register information in Sami.
In an ICT context, it is
problematic that national population registers, for example, are
unable to register Sami surnames using indigenous characters. It is
a task for the tax authorities to incorporate the new Unicode 10646
standard into their registers. This matter will be reviewed in the
near future.
A working group consisting of
various ministries and the Sámediggi, has reviewed various issues
and proposed solutions concerning how to deal with the indigenous
Sami letters in the ICT sector. The proposals from the group
include:
- To implement solutions and encourage efforts to make it
possible to utilize indigenous Sami letters in the computer
software employed at public institutions, based on the common
Unicode character set (16-bits).
- To draw up a Nordic agreement regarding a common 8-bits
character set for Sami and a common Sami keyboard standard.