Finally, issues of discrimination and cross‐border cooperation, especially vis‐à‐vis the Sami resident in Russia and the
adoption of the Nordic Sami Convention, should be taken into account.10 Moreover, Sami participation at state level still
needs to be ensured in all the three Nordic countries.11
The following measures and considerations may serve as suggestions, also in similar cases:
‐
‐
‐
Empowering the three Sami parliaments with (effective) binding consultations on acts�� directly affecting Sami
issues. The spectrum of the ‘veto powers’ and the consequent block or paralysis of acts’ enactment procedures
could be (partially) avoided by, e.g., a reinforced procedure of enactment. For instance, a twofold approval on an
act affecting Sami issues by a Parliamentary Commission and the Sami Parliament, and a Conciliatory committee in
case of disagreement raised by the two‐thirds of the Sami Parliament on the second turn, could be a fair
compromise. Other means may be envisaged, especially according to the peculiar characteristics of the country
and the community.
Pursuing a genuine representation in the Sami parliaments. Information campaigns may help in involving the
Sami living in the three countries, as well as means of participation of the Sami political parties.
Enhancing the participation of Sami in state and local public administrations, via either (genuine) Sami
representatives in the national parliaments or in the regional and local governments, or ad hoc cooperation
between the local administrations and the Sami Parliaments, as, e.g., in the case of the Troms County Municipality
in Norway.12
In Sweden and Finland, the standards of participation and consultation guaranteed by the ILO Convention No.169 would
certainly help to enhance the political participation of the Sami people.13 Norway ratified the ILO Convention No.169 in
1990.
Finally, as renown, political participation does not only enhance minority identity,14 but also minority‐majority peaceful
relations, and, therefore, national stability.15
Alexandra Tomaselli
Researcher at the Institute for Minority Rights at the European Academy (EURAC), and PhD Candidate in Law at the Johann Wolfgang Goethe‐Universität Frankfurt am Main
(Alexandra.Tomaselli@eurac.edu)
10
See the work of the Ombudsmannen mot etnisk diskriminering (DO), Discrimination of the Sami – the rights of the Sami from a discrimination
perspective, 1 DO:s rapportserie 2008 eng (Stockholm 2008), at <http://www.do.se/Documents/Material/discrimination‐of‐the‐
Sami.pdf?epslanguage=sv>. As to the Draft Nordic Sami Convention (Draft Convention), it has been endorsed by the three Sami Parliaments, and
presented to the three Nordic governments in 2005. An Expert Committee composed by an equal number of representatives from the three Nordic states
and the three Sami parliaments submitted to the respective governments and to the Sami parliaments a draft consisting of nine sections and four annexes,
for a total of 340 pages. This Draft Convention deals also with general rights of the Sami people, as well as Sami governance, language, culture, land and
water rights and livelihoods. Regrettably, it is far from being certain that the Draft Convention will go ahead, which causes further frustration and
protests. Both the Sami Parliamentary Council and the 19th Sami Conference in October 2008 expressed their disappointment. IWGIA, IWGIA ‐
International Work Group for Indigenous Affairs, The Indigenous World 2009 (International Work Group for Indigenous Affairs Publications, Copenhagen,
2009), 39. For a in‐depth analysis of the Draft Convention see Timo Koivurova , “The Draft for a Nordic Saami Convention”, EYMI (2006/7), 103‐136.
11
As to participation at state level, the minorities (incl. the Sami) in Norway do not enjoy any form of representation in the parliament, and the Advisory
Committee has recommended to include minority representatives in elected and appointed government bodies and to enhance the minority participation
with regard to public affairs, as well as social and economic life. The same happen in Sweden, where the Sami are excluded by the central and local
decision‐making processes. Proposals to appoint a Sami representative in the Swedish parliament have been discussed since the ‘20s. Moreover, the Sami
in Sweden have never trusted so far the national parties as a valid mean to support Sami issues, and started to organize their own parties only after the
establishment of the Sami parliament. The Advisory Committee of the FCNM has underlined the importance of involving the Sami particularly in the spatial
policies affecting reindeer herding, such as the relocation of the centre of the city of Kiruna. In Finland there are neither Sami parties, nor reserved seats
for them, and no Finnish party has explicit agenda on Sami issues. The Sami do not have access to the central parliament, nor special measures are in
place to allow it. At least, regular channels of communication between Sami representatives and the Finnish parliament committees should be
established. See in particular Josefsen, op.cit. note 4, 14‐17, and 23. See also Para. 167 Advisory Committee Second Opinion on Sweden, adopted on 8
November 2007, published on 30 January 2008; Para. 81, Finland Second State Report Pursuant to article 25, paragraph 1 of the FCNM, 10 December
2004, ACFC/SR/II(2004) 012 E; Paras. 159‐160 Advisory Committee Second Opinion on Finland, adopted on 2 March 2006, published on 20 April 2006.
12
Josefsen, op.cit. note 4, 7.
13
However in Sweden the debate whether to ratify it has been going on during several years without any result. The official argument is that the Swedish
law on Sami land rights is not consistent with Art. 14 of the ILO Convention 169, and therefore domestic legislation should be modified first. IWGIA op.cit.
note 3, 32; IWGIA, op.cit. note 10, 30.
14
Hofmann, op.cit. note 2, 7; Marc Weller, “Article 15”, in Weller Marc (ed.), The Rights of Minorities. A Commentary on the European Framework
Convention for the protection of National Minorities (Oxford University Press, New York, 2005) 429‐461, 430.
15
Hofmann, op.cit. note 2, 7.