Research results on pre‐conditions in the consultation procedure of well‐established minority consultative bodies:
Some examples from the Sami Parliaments’ experience1
Taking into account the Sami people, an indigenous people, also recognized as a national minority living in four different
countries in northern Europe (Norway, Sweden, Finland and Russia),
Considering the competences and the consultative status of the Sami parliaments established in three of these countries
(Finland, Norway and Sweden),
Notwithstanding the uniqueness of the experience of indigenous (and minority) parliaments,
There are still some pre‐conditions hich need to be ensured, and may highlighted as follows:
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‘Soft’ versus ‘hard’ forms of consultation: The Sami Parliaments are ‘consultative mechanisms’, but serve mainly
an advisory function, and no mandatory action follows the hearing of the Sami parliaments in Norway and
Sweden.2 Notwithstanding their increased political status, they have limited decision‐making authority, and their
influence on Sami economic, social and cultural issues is therefore limited.3 The case of Finland should be formally
apart, since in principle the government authorities have an obligation to negotiate with the Sami Parliament any
act that may affect directly or indirectly the (listed) Sami issues in Section 9 of the Finnish Sami Act. However, no
formal forum or body has been structured to fulfil this obligation,4 and the negotiation procedure still needs to be
further developed.5
‘Genuine’ representation: In the three countries not all the Sami participate in the elections of the Sami
parliaments.6 The figures confirm this aspect in Norway and Sweden.7 Moreover, the mandate and the
consultation of the Sami parliaments resulted to be unclear on certain occasions.8
‘Cultural’ Autonomy: Albeit forms of ‘cultural’ autonomy are exercised by the Sami parliaments in Finland and in
Norway, whereas in Sweden ‘cultural’ autonomy has not been implemented yet despite repeated attempts by the
Sami organizations and national committees.9
1
References to “Background Document by the Independent Expert on Minority Issues, Gay Mcdougall, on minorities and effective political participation”
(UN Doc. A/HRC/FMI/2009/3, 8 October 2009):
‐ section IV. Preconditions for and obstacles to effective political participation, paras.26, 27 and 28;
‐ and section V. Existing forms and mechanisms for effective political participation, para. 55).
2
See Rainer Hofmann, “Political Participation of Minorities”, in EYMI (2006/ 7), 5‐17, 14.
3
John B. Henriksen (ed.), “Sami Self‐Determination – Scope and Implementation” 2 Gáldu Čála ‐ Journal of Indigenous Peoples Rights (2008), at 30.
Moreover in Norway, despite the 2006 Agreement on Consultation Procedures, the mandate to the ministries in charge to consult the Sami Parliament is
unclear, which often slow down and create confusion in the consultation procedures. IWGIA ‐ International Work Group for Indigenous Affairs, The
Indigenous World 2008 (International Work Group for Indigenous Affairs Publications, Copenhagen, 2008), 27.
4
Eva Josefsen, “The Saami and the National Parliaments – Channels for Political Influence”, 2 Gáldu Čála ‐ Journal of Indigenous Peoples Rights (2007), 11.
5
Para.178 and at 32, Advisory Committee Second Opinion on Finland, adopted on 2 March 2006, published on 20 April 2006. According to the Finnish
central authorities the negotiation policy is working, while the Sami parliament has claimed rather a form of ‘soft’ consultation, since many of their
proposals did not influence the final documents as it should. See para.155, Advisory Committee Second Opinion on Finland, adopted on 2 March 2006,
published on 20 April 2006.
6
Nils Oskal, “Political Inclusion of the Saami as Indigenous People in Norway”, 8 IJMGR (2001), 235‐261, 255.
7
Out of 40‐50,000.00 Sami in Norway, only 12,475.00 were registered in the Sami Electoral Register in 2005. The same applies to Sweden, where 7,000.00
on 20,000.00 Sami were registered for the last elections in 2005. See Presentation on the Sámediggi ‐ The Sami Parliament (Norway) (2007), at
<http://www.samediggi.fi/images/stories/pdf_tiedostot/samiparliament_2007.pdf>, 14.
8
In Finland, during 2008 the Finnish Ministries of Justice and Agriculture have been negotiating new legislation in the field of land ownership, land use and
reindeer herding in the Sami traditional territories, formally consulting the Sami Parliament. Nevertheless neither was clear the mandate of the Sami
Parliament on these issues, nor the communication was transparent, especially vis‐à‐vis those Sami organizations and communities of reindeer herders
directly affected. IWGIA, op.cit. note 3, 35‐36.
9
In Sweden, in particular, the Sami Parliament is very limited, and rather concentrated on reindeer husbandry (Para. 24 et seq. Advisory Committee
Second Opinion on Sweden, adopted on 8 November 2007, published on 30 January 2008. See also the debate in the Swedish parliament about the law on
the Sami parliament as reported by Josefsen, op.cit. note 4, 16. In particular, the Swedish Lagting (house of the Swedish Parliament) in Section 1 of the
Sami Assembly Act (Act No. 41/1989), declared that the Sami Parliament should have been delegated the management of Sami culture issues (Josefsen,
op.cit. note 4, 20). In a recent case reported by the newspapers on reindeer herding, the governmental working group on Sami issues proposed a major
involvement of the Sami Parliament when dealing with issues affecting their living conditions. (The Local, “More freedom proposed for Sami reindeer
herders”, The Local, 16 September 2009, at <http://www.thelocal.se/22114/20090916>). A report commissioned by the Swedish government to a Sami
Parliamentary Commission has been submitted in 2002. It underlined the importance of a constitutional recognition of the Sami ‘cultural’ autonomy, and a
certain level of self‐government, but this has not been implemented yet. Baer, Lars‐Anders Baer, “The Rights of Indigenous Peoples – A Brief Introduction
in the Context of the Sámi”, 8 IJMGR (2001), 245‐267, 258‐259.