A/HRC/33/42/Add.3
at the consultation procedures is a strong impetus for their evaluation, with the participation
of the Sami Parliament, to ensure their effectiveness.
31.
Attention has also been drawn to the absence of provisions for benefit-sharing with
Sami communities when mines are located on traditional Sami lands, and to the absence of
any frameworks for dispute resolution between mining companies and affected Sami
communities. Sami representatives have also shared their concerns that applications for
exploration and exploitation concessions are considered in a piecemeal fashion, with little
consideration given to the interaction of the proposed measure with already existing
projects and the accumulated impact that they have on the affected Sami communities.
32.
In the light of the international human rights obligations and commitments that
Norway has assumed with respect to the Sami people, including the ILO Indigenous and
Tribal Peoples Convention, 1989 (No. 169), the Minerals Act raises doubts about the
State’s ability to respect, protect and fulfil human rights in the context of extractive
activities. It also raises doubts as to whether the State is setting out clearly the expectation
that all business enterprises respect human rights throughout their operations. From a
business perspective, a deficient regulatory framework also creates barriers for businesses
to carry out their operations in a manner consistent with international expectations
regarding the rights of indigenous peoples. As much has also been made clear by the
Norwegian mineral industry which, in an open letter addressed to the Government in
December 2014, requested that the Minerals Act be revised and clarified with respect to the
Sami people and their rights.
4.
Language and education
33.
In Norway, the Sami people’s right to preserve and develop their languages is
recognized in the Constitution and in several laws, including the Sami Act of 1987.
Following the visit of the previous Special Rapporteur, the Government adopted an Action
Plan for Sami Languages, which has reportedly been a useful tool in the work to strengthen
and develop the Sami languages. The Special Rapporteur was pleased to learn that, based
on an initiative from the Sami Parliament, a committee to evaluate legislation, measures
and arrangements for the Sami languages was appointed in 2014 to clarify current
initiatives in place and how they can be adapted within the public sector to ensure
functional and equal public services in Sami. She hopes that the committee’s report, which
is due to be issued in September 2016, will contain recommendations to address the
concerns about the need for a more comprehensive language policy that covers society as a
whole and for government departments to be better informed about Sami conditions and
languages in order to be able to put in place such a comprehensive language policy.
34.
With respect to culturally appropriate education, the Sami Parliament has raised
concern over the limited oversight and quality of Sami educational programmes. County
governors’ offices are responsible for overseeing training programmes in Norway, and the
Sami Parliament has not been invited to play a part in oversight or evaluations.
B.
1.
Sweden
General legal and policy framework
35.
In relation to its international human rights obligations to protect the rights of
indigenous people, Sweden is party to the major United Nations human rights treaties.
Sweden voted in favour of the United Nations Declaration on the Rights of Indigenous
Peoples in 2007, but has not ratified the ILO Indigenous and Tribal Peoples Convention,
10