Obligation to cooperate and negotiate under the Sámi Parliament Act

Authorities and other parties handling public administrative tasks shall negotiate with the Sámi Parliament when preparing legislation, administrative decisions and other measures that may be of specific significance to the Sámi. The aim is to reach consensus with the Sámi Parliament or obtain the consent of the Sámi Parliament before decisions are taken.

The cooperation and negotiation obligation under section 9 of the Sámi Parliament Act has been reformed to place greater emphasis than before on cooperation between the authorities and the Sámi Parliament and to bring it into line with the principle of free, prior and informed consent (FPIC) as developed in international Indigenous rights law. The obligation emphasises genuine dialogue between the Sámi and the authorities and creates stronger structures for cooperation. It also highlights the partnership between the Sámi and the authorities in preparing matters that affect the Sámi.

Which matters are subject to negotiation?

The cooperation and negotiation obligation applies to measures that are carried out or have an effect in the Sámi homeland. In addition, it applies to other measures that affect the Sámi language or culture or their status or rights as an Indigenous People and which concern:

  1. Land use;
  2. Management, use, implementation of conservation measures, leasing and assignment of state lands, conservation areas and wilderness areas;
  3. Prospecting for and exploitation of deposits that contain mining minerals, or gold panning in state-owned lands and waters;
  4. Legislative or administrative changes to the occupations belonging to the Sámi form of culture;
  5. Measures related to climate change;
  6. Enhancement of early childhood education and care in the Sámi language and teaching in and of the Sámi language;
  7. Implementation and development of health and social services;
  8. Securing and developing the resources and other operating conditions of the Sámi Parliament; or
  9. Any other similar matters affecting the Sámi language and culture or the status or rights of the Sámi as an indigenous people.

If an authority is unsure if it is required to negotiate with the Sámi Parliament on a matter, it is advisable to enquire with the Sámi Parliament directly.

Considering the rights of the Sámi in activities of the authorities and other parties that handle public administrative tasks

When fulfilling the cooperation and negotiation obligation, the authorities contribute to the realisation of Sámi rights and to reducing negative impacts. Compliance with the obligation to safeguard Sámi rights requires that the authority is aware of Sámi rights and takes them into account in its activities. Sufficient information is also a precondition for being able to choose a solution from the available options that causes as little harm as possible to the realisation of Sámi rights.

When planning and implementing the measures referred to in section 9, the authorities and other parties handling public administrative tasks must, by the means available to them:

  1. Promote the upkeep and further the development of the Sámi languages and the right and prerequisites of the Sámi to maintain and enhance their culture, including their traditional livelihoods; and
  2. Reduce the negative effects of their measures on the Sámi languages and on the rights and prerequisites of the Sámi to maintain and enhance their own culture, including their traditional livelihoods.

Procedure for cooperation and negotiations

When beginning the work on matters referred to in section 9, the authorities and other parties handling public administrative tasks shall notify the Sámi Parliament at the earliest opportunity. When the planned activities are likely to be more sustained, the notification shall be made in good time before the negotiations are held.  The authorities and other parties handling public administrative tasks shall notify the Sámi Parliament of the date by which the Sámi Parliament shall announce its willingness to negotiate on the matter. The time limit must be reasonable and may consider the urgency of the matter.

If the Sámi Parliament does not make use of the opportunity offered to negotiate, the authority or other party handling the public administrative task may proceed with the matter.

The Sámi Parliament has the right to obtain a written account of the matter, including the issues referred to in section 9 a and the related plans, ahead of the negotiations. The Sámi Parliament must be reserved a reasonable time period to prepare for the negotiations. What is reasonable depends on the scope of the matter – if the matter is so extensive that it requires consideration by the Sámi Parliament’s Plenum, three months should be reserved for the Plenum’s consideration. If consideration by the Sámi Parliament’s Executive Board is sufficient, at least three weeks should be reserved.

Cooperation shall be initiated and negotiations shall be conducted in good faith and in a timely manner so that the outcome of the matter can be influenced before the matter is resolved. Minutes shall be drawn up of such negotiations. The minutes shall record the views of the Parties on the matter and the outcome of the negotiations.