A/HRC/33/42/Add.3
A.
Norway
76.
The Special Rapporteur recommends that Norway enhance efforts to
implement the right of the Sami people to self-determination and to more genuinely
influence decision-making in areas of concern to them. That may to some extent be
achieved through a more effective consultation arrangement, which should be
extended to clearly cover budgetary decisions.
77.
The Special Rapporteur recommends that Norway, together with the Sami
Parliament and Sami communities, assess the adequacy of the Finnmark Act in
advancing the Sami people’s self-determination and land and resource rights. She
calls on Norway to finalize the process of clarifying and securing Sami land and
resource rights outside Finnmark County, and to ensure that due respect is paid to the
customs, traditions and land tenure systems of the Sami people in implementing the
Finnmark Act and in designing and implementing measures for recognition of land
and resources outside Finnmark County.
78.
Noting that sea salmon fishing and spring duck hunting in the municipality of
Guovdageaidnu/Kautokeino form an important part of Sami cultural heritage and
should be protected by special measures to ensure they can be pursued and
maintained according to Sami tradition in a culturally and ecologically sustainable
way, the Special Rapporteur urges the Government of Norway and the Sami
Parliament to find solutions on regulations related to sea salmon fishing and spring
duck hunting.
79.
The Special Rapporteur calls on Norway to revise the Minerals Act to ensure
that it conforms to relevant international standards, including those requiring
adequate consultations with the affected indigenous communities and their free, prior
and informed consent, mitigation measures, compensation and fair and equitable
benefit-sharing. In addition, applications for exploration and exploitation permits
should be evaluated against already existing projects and the cumulative impact that
they have on the affected Sami communities.
80.
The Special Rapporteur commends Norway for the adoption of the Action Plan
for Sami Languages, which contains a number of good initiatives. In order to ensure
that the plan is effective, relevant ministries should follow up and assess whether and
to what extent all the measures have been completed and publicize the information in
a final report that includes a follow-up plan for measures yet to be completed. In
addition, the Government should enter into dialogue with the Sami Parliament on
measures needed to ensure that government departments are better informed about
Sami conditions and Sami languages and the development of a more comprehensive
language policy. With respect to education, the Sami Parliament should be ensured a
role in the oversight and evaluation of Sami educational programmes and their
quality.
B.
Sweden
81.
The Special Rapporteur encourages Sweden to introduce reforms to ensure
that the Sami Parliament has greater independence from State institutions and
authorities. To that end, she urges Sweden to review the Sami Parliament’s statutory
status and functions in relation to government authority structures to ensure its
independent decision-making powers and to ensure that adequate funding is allocated
for the Sami Parliament to carry out its work as a popularly elected body.
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