The Sami Act contains an obligation for the state, county authorities and municipalities to consult the Sami Parliament and other Sami interests in matters affect them.
Credit: Kenneth Hætta
Chapter Four of the Sami Act sets out rules requiring that consultations between public authorities and the Sami Parliament, or other Sami interests, must be conducted in good faith and with the objective of reaching agreement.
This entails, among other things, that the consultations should be carried out with mutual loyalty and respect for each party's interests, values and needs.
Sufficient time must be allocated for the consultations. The scope of the process may vary depending on the complexity of the matter and must be determined on a case-by-case basis. The parties must also share relevant information on the matter, so that the Sami party can, om a sound basis, examine and take a position on the proposed measure. If the parties do not reach an agreement, the Sami party's views and assessments must be clearly presented in the documents submitted to the final decision-maker.
Municipalities and county authorities may adapt the consultation process to local conditions and to the specific matter at hand. The Ministry of Local Government and Regional Development, in cooperation with KS (The Norwegian Association of Local and Regional Authorities) and trough consultations with the Sami Parliament and the Norwegian Reindeer Herding Association (NRL), has prepared a guide for municipalities and county authorities. The purpose of the guide is to provide municipalities and county authorities practical support in fulfilling the consultation duty under the Sami Act.
The duty to consult applies in addition to ordinary administrative procedures. The law does not alter municipal self-government.
Indigenous peoples' right to be consulted is enshrined in ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent States, Article 6.
