The aim of this seminar is to present a comparison on the Canadian and Norwegian policies related to the indigenous peoples living in the respective countries.

Starting with the first key-term that this seminar is invited to deal with, - citizenship. As a general principle all citizens of Norway shall have the same political and legal rights, regardless of ethnic origin, linguistic or cultural background.

However, in historic contexts, and specially, from the 1860ies up till last world-war, the governing policies towards the Saami population have to be described in negative terms. Linguistic and cultural rights were suppressed. Teaching in Saami language at schools, that had been accepted as a necessary prerequisite by the church and the missionaries to Christian the Saami, was prohibited. Legal rights to land and resources that had been accepted 100 years earlier in the amended “Lapp-codisill” to the border-treaty between Denmark/ Norway and Sweden/ Finland in 1751, were redefined to become just tolerated rights of usufruct and subject for expropriation without compensation if they collided with farming interests or other needs defined to be of better priority to the “civilized” society. The negative experiences of previous attitudes and policies can not be forgotten because they will continue to have influence on the current saami policies of the state authorities. The major initiatives in resent years, such as the establishment of the Saami Rights Commission, the establishment of the Saami parliament, changes in the field of education, and most resently; the Parliamentary decision of June 2000 to establish fund of 75 million NOK as a collective economic compensation to the Saami for renunciations and losses caused through the period of assimilation and norwegianisation, are all measures to adjust to political failures in the past.

The historic relationship between the Norwegians and the Saami dates back to times before the state of Norway came into being. We therefore like to state; like His Majesty The King did in his inaugural speech at the opening of the newly elected Saami Parliament on October 15 this year, “The Kingdom of Norway is based on the territory of, not one but the two peoples, the Norwegians and the Saami”. It is to be admitted, however, that this historic fact have not come to influence upon the Saami policies of the state before rather recently.

Even if there was a slow change in the Norwegian political attitudes towards the Saami minority throughout the post-war period, the real changes was introduced in the 1980ies as a result of a political and legal reform process commenced by the sharp conflict in 1979-1981 concerning the development of the Alta-Kautokeino river.

In October 1980 the Government decided to set up a Saami Rights Commission and a Saami Culture Commission. The Saami Rights Commission submitted its first report in 1984 containing proposals for the establishment of a Saami parliament and for constitutional protection of Saami language, culture and way of life. During the period 1985-1987, the Saami Culture Commission presented three reports on the principles of a Saami cultural and educational policy. The two commissions both presented a basic view on Saami policies which was founded on the Saami being a separate people with their own culture, and which demanded that government authorities, by way of legislation and other measures, must make active contributions towards ensuring the continued existence of the Saami people and their culture. The Government and the Parliament adhered to the fundamental view of the two commissions without reservations and recognised that international law provided for far-reaching legal protection of the Saami culture.

The Saami Act was adopted by the Parliament in June 1987. The act establishes the responsibilities and the powers of the Sámediggi (the Saami Parliament), - procedures for carrying out elections, - when they are to be held, - terms of office, - constituencies, - distribution of seats, - establishment of an electoral register, - right to vote, - and legal qualifications to be elected. Additional articles adopted in 1990 declare Norwegian and Saami language to have equal status. These articles contain provisions concerning the establishment of an administrative area for the Saami language in which certain rights and obligations concerning the use of Saami language in public affairs apply. For example, the Saami language may be used in the courts, the health systems and in the social welfare sector. Certain public announcements and documents shall be translated into Saami language. Civil servants are entitled to paid leave to learn Saami language. The act also provides for the establishment of a Saami Language Council.

In 1988 the Parliament added the special Saami Article to the Constitution, which imposes on the state authority to make the Saami able to safeguard and develop their language, their culture and their social system.

This amendment to the Constitution on the rights of the Saami people was passed by a parliamentary majority of 112 representatives – exactly the same number who at the 1814 constitutional assembly at Eidsvoll asserted the rights of Norway.

It is a common understanding, both by the Government and the National Parliament, that the Constitutional amendment established an obligation for the State authorities to take responsibilities for the protection and development of the Saami language, culture and way of life.

The report of the Saami Rights Commission also contains analyses of international legal instruments and other relevant legal sources to outline the obligations of the Norwegian state authorities towards the Saami under contemporary international law. With reference to the term “ self-determination” the Commission concluded that this term did not constitute any legal rights for the Saami people, neither in the context of the Charter of the United Nations or under the 1966 covenants, the United Nations International Covenant on Civil and Political Rights or the United Nations International Covenant on Economic, Social and Cultural Rights, or under any other legally binding international instrument.

The Commission states, however, that the conclusion in the presented context refers only to the question whether or not there exists legally binding obligations for the state under international law. The conclusion does not preclude the state authorities from establishing legal or other measures to meet the needs necessary to protect and promote the Sami culture, including the right to self-government.

The new Constitutional article 110A reads in the English translation: “ It is the responsibility of the authorities of the State to create conditions enabling the Saami population to preserve and develop its language, culture and way of life».

The adoption of the Constitutional article along with the Saami Act represents a recognition of the status of the Saami people and its special position among the ethnic and cultural minorities in Norway. The language in the Constitutional article is phrased in the old-fashioned language of the Constitution, - but read in a more modern language it would read; “enabling the Saami themselves to preserve and develop their language, culture and way of life”, - and this is actually the way it has to be understood. This means that the Constitution as amended, calls for an active and responsible role for the Saami parliament in preserving and promoting the Saami language, culture and way of life. The State’s main responsibility is to provide the necessary opportunities, but it is up to the Saami people themselves to decide whether they wish to avail themselves of the various options.

In outlining the state’s obligations towards the Saami people under international law, the Saami Rights Commission referred to the United Nations Human Rights Convenant on Civil and Political Rights which in article 27 lays down that “in those states in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with other members of their group, to enjoy their culture, to profess and practise their own religion, or to use their own language”. This provision authorizes – at least pursuant to the interpretation accepted by the Norwegian Government – claims for positive discrimination. Therefore a state having an ethnic minority within its borders does not fulfil its obligations only by equal treatment of its citizens. Admittedly, it is an old ideal, known from many declarations, national as well as international, that there shall be equality between individuals. However, formal equality is no longer sufficient as far as minorities are concerned.

As the Saami Rights Commission 17 years after its establishment in 1997 presented its 2 ^nd> report on the land-rights and proposals for the future land-rights management in the county of Finnmark, again a debate demonstrating heavy involvment has evolved. Again the subject could become the extent of the obligations of the state to protect the Saami culture. At least a substantial part of the Norwegian population accepts that the culture under protection include such forms as literature, theatre, visual arts etc. But, the Saami Rights Commission has stated that the protection also covers the material foundation of the Saami culture. The Saami culture, or the basis of this culture, is to a large extent the traditional use of natural resources. The Government and the Justice Committee in the Parliament accepted in general terms such a more comprehensive interpretation during the debate on the 1987 Saami Act.

The Saami Rights Commission’s proposal on the future management arrangement contains, inter alia, a proposal for the establishment of a managing body where four of the members shall be appointed by the County council and the other four appointed by the Saami parliament. All of them appointed for a four-year term. To avoid that one of the groups of appointees will have permanent majority votes in the body, the chair of the body shall alternate every second year.

A minority in the Commission have proposed that the inner part of the county, where the Saamis constitute a majority of the population and where the traditional Saami trades still have a dominant position in the Saami way of living, shall be established as a Saami resource management area. The managing body is proposed to consist of seven member, five of whom should be appointed by the Saami parliament according to proposals forwarded by the municipal councils within the area and two members by the County council. And yet an other minority, representing the Norwegian Reindeer Saami Association has not wanted to be associated with any of the proposals in the report. Thus, pronouncing priorities for the existing management system, including continued state ownership.

This position is reasoned by the refusal of the Reindeer-Saami’s claim to special representation in the Saami Parliament.

The report is currently under consideration in the Ministry of Justice and a proposal for new legislation is under way. I should refrain myself to indicate more accurately when the proposal will be finalised, but in any case within the current four-year period.

Norway became in 1990 the first country to ratify the ILO-convention 169 concerning indigenous and tribal peoples in independent countries, adopted in 1989. The ILO-convention does not contain terms like self-determination or self-government. The concept of self-government is however quite visible in terms like – “the obligation to consult through appropriate procedures through their representative institutions” (art. 6), and – “the peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, …institutions, and the land they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development…”(art.7). It has been the opinion of the Government that the obligations under the ILO-convention in this respect have been met by the measures already established according to the Saami Act. Criticism have been raised by the Saami parliament related to the articles concerning the land-rights. The Norwegian Government has reported to the ILO on the efforts undertaken by the Saami Rights Commission and the governmental considerations so far. Whether the final results would meet with the expectations and aspirations of all Saamis is too early to say, but the Norwegian government is stucking to its own aspiration to fulfil its obligation both under internal and international law.

It has been criticised that the Saami Act did not provide the Saami parliament with more wide-ranging powers at the time of its adoption in 1987. The fact is, however, that some of the reasons for the lawmakers reluctance originated from the Saami organisations taking part in the preparatory process of the act. It was the Saami organisations themselves, albeit by different reasons, that wanted a stage by stage development of the powers of the Saami parliament. The Reindeer Saami Association for example is opposing that the Saami parliament should take over more responsibilities regarding one of the most typical and most culturally influential Saami trade, - the reindeer herding.

As the Saami Parliament took up its duties in October 1989, it also took over the responsibilities for the Saami Development Fund and the responsibilities that previously had been carried by the advisory body, the Norwegian Saami Council. With effect from 1993, the Saami Parliament was authorised to handle the responsibilities to administer the funds for different Saami cultural activities, and likewise the fund established to support Saami kindergardens. According to the education act of July 1998 the Saami parliament is authorised to decide on the sub-laws or regulation dealing with themes related to the saamis within the national curriculum, the curriculum in Saami language, and the special Saami subjects dealing with Saami handy-crafts and reindeer herding in the secondary schools. To strengthen the Saami parliament’s influence on the education of those pupils that receive education according to the special saami curricula, the Saami parliament has a shared responsibility with the Ministry of Education in deciding these curricula.

With the purpose to extend the authority of the Saami Parliament to administer additional budgetary responsibilities, the State Parliament in 1997 adopted a revision of the Saami Act. The revised legislation permits the ministries to delegate to the Saami Parliament to administer the total funding allocated by the Parliament for Saami purposes, according to its own priorities.

The constitutional responsibility of the Saami Parliament’s use of budgetary funds lies with the Minister of Local Government and Regional Development. It has therefore been established a routine whereby the Executive Council of the Saami Parliament meets with the Minister and presents their budgetary priorities for the coming budgetary period, so as to solve possible disagreements in terms of objectives and references to the general state budgets. It has been outlined in legal terms, however, that the Saami Parliament, being a popularly elected assembly, is not subject for any instructions by the Government.

In carrying out their political powers, the Saami Parliament has the right to address whatever issue the Parliament itself deems relevant for the Saami population in Norway. It may also initiate measures and pronounce their opinion on every issue to other official authorities or private institutions.

There has been developed an administrative practice that the Saami Parliaments opinion shall be heard in all circumstances where Saami interests may be involved. In some administrative fields this has even become a legal requirement to obtain a legally valid decision.

In finalising my presentation, I would like to mention in brief the efforts and preparations being made to strengthen the co-operations across the borders of the Nordic countries where the Saami people is living. The existing Nordic co-operation in matters related to Saami and reindeer herding affairs dates back to 1964, but the first co-operative cross-border arrangements dates back to 1751 when the so-called “Lappcodisill” was signed along with the Border Treaty. The Lapp-codisill acknowledged the customary rights of the Saamis living on both sides of the borders established according to the treaty. The nomadic Saamis depending on their traditional resources and grazing-grounds for their reindeers on either sides of the border were guaranteed the right to continue according to their customs and the patterns of their reindeer’s migrations.

The Saami is a Nordic people with family ties and linguistic and cultural relationships across the borders. The Governments in Norway, Sweden and Finland have decided to broaden their co-operations by also including a more organised co-operation related to Saami affairs. This includes annual meetings on ministerial level and once a year together with the presidents of the countries respective Saami parliaments. The preparations and administrative following-up will bee in charge of senior civil servants who have to meet more frequently.

It is also decided that there an expert-committee shall be set up, with the mandate to outline and prepare a draft Nordic convention on cross-border co-operations related to Saami affairs. In this context, I should also like to express the wish that the extended co-operation in a not to distanced future also would include Russia and the Saami people living in the easternmost Saami area. My minister will meet with her Swedish and Finish colleges responsible for Saami affairs on November 7 to finalise the agreements on the two issues. It is expected that these efforts also may constitute a positive approach to the Saami parliaments aspirations to become members of the Nordic Council which is a Parliamentary co-operative institution for all the five Nordic countries and the three self-governing entities Åland, the Fareo Islands and Greenland.

The establishment of the Saami parliament have proved to be a successful political development. And I should also like to express my satisfaction to the politically effective and dignified way the Saami Parliament is acting in presenting and performing their responsibilities. The Saami parliament has proved to be a positive asset in the further development of the democratic system of our country.

I thank you for your attention.