Consultation Agreement between the Sámi Parliament and the Norwegian state

Consultation Agreement between the Sámi Parliament and the Norwegian state
Name	Consultation Agreement
Date signed	11 May 2005
Location signed	Karasjok
Date effective	11 May 2005
Signatories	Sámi Parliament of Norway, Government of Norway
Parties	Sámi Parliament of Norway, Government of Norway
Language	Norwegian, Northern Sámi

Consultation Agreement between the Sámi Parliament and the Norwegian state is a formal framework governing structured dialogue between the Sámi Parliament of Norway and the Government of Norway. It was signed in Karasjok on 11 May 2005, establishing a permanent procedure for consultations on matters that may directly affect Sámi interests. The agreement is a key instrument for implementing Norway's international obligations under conventions like the International Labour Organization's C169 and is central to the Finnmark Act.

Background and legal basis

The agreement emerged from a prolonged political process aimed at strengthening Sámi rights following the Alta controversy and the establishment of the Sámi Parliament of Norway in 1989. Its primary legal foundation is Norway's international commitments, particularly the International Labour Organization's C169, which Norway ratified in 1990. The agreement is also intrinsically linked to domestic legislation, most notably the Finnmark Act of 2005, which mandated its creation. This legislative context was further shaped by the findings of the Sámi Rights Committee and evolving interpretations of Section 108 of the Constitution of Norway, which recognizes the state's responsibility to secure Sámi culture and society.

Key principles and obligations

The agreement is founded on the principle that consultations must occur in good faith, with the aim of achieving consensus. A core obligation for the Government of Norway is to initiate consultations sufficiently early in the decision-making process to allow the Sámi Parliament of Norway to provide substantive input. The state is required to present all relevant information and assessments, while the Sámi Parliament must provide its views within agreed timeframes. The process acknowledges the Sámi Parliament as the representative body of the Sámi people in Norway, though it does not grant a unilateral veto right to either party.

Consultation procedures

The procedures establish a formal, multi-stage process. Consultations are typically initiated by the relevant ministry, such as the Ministry of Local Government and Regional Development or the Ministry of Petroleum and Energy, sending a letter to the Sámi Parliament. This is followed by preparatory meetings, often involving technical experts from agencies like the Norwegian Water Resources and Energy Directorate. The main consultation meetings are then held, documented in formal minutes. For particularly significant matters, the agreement allows for extended procedures, potentially involving the Office of the Prime Minister.

Areas of application

The agreement applies to a broad range of legislative, administrative, and policy matters that may directly affect Sámi interests. Primary areas include legislation related to Sámi language and culture, land and resource management in traditional Sámi areas like Finnmark and Nordland, and projects impacting reindeer husbandry. It is routinely invoked in matters concerning mining concessions, wind power developments, and infrastructure projects. The agreement also covers international affairs relevant to indigenous peoples, such as Norway's reporting to the United Nations or engagements with the Arctic Council.

Implementation and practice

Implementation is monitored through annual reports and a dedicated consultation body with representatives from the Sámi Parliament of Norway and several ministries. Notable cases where the procedure has been applied include consultations on the national budget, the Reindeer Husbandry Agreement, and revisions to the Sámi Act. Challenges in practice have included disputes over what constitutes a "sufficiently early" consultation and the weight given to the Sámi Parliament's input in final decisions. The process was tested during debates on the Fosen Wind Farm and the Mineral Act.

Significance and impact

The agreement is considered a landmark in Norwegian indigenous policy and a model for Sámi–Norwegian relations. It has institutionalized the Sámi Parliament of Norway as a central political actor and has influenced similar frameworks, such as the Swedish consultation model. The agreement has strengthened the position of the Sámi people in negotiations over resource management and cultural rights, contributing to jurisprudence from the Supreme Court of Norway. It represents a significant step in Norway's implementation of the United Nations Declaration on the Rights of Indigenous Peoples and continues to shape policy development in the High North.

Category:Treaties of Norway Category:Sámi politics Category:Indigenous rights in Norway Category:2005 in Norway