Self-determination and the Sami

Honoured Chair, Mr. Special Rapporteur, Mr. Sami Parliament President, Dear participants!

First, I would like to thank the facilitators of this conference: 

-         Gáldu – Resource Centre for the Rights of Indigenous Peoples,
-         Sámi University College, and
-         the Nordic Sami Institute

for the opportunity to address a very important issue: The scope and implementation of the right to self-determination for the Sami people.

The concept of “the right to self-determination” is a very complex one, and there is much debate, internationally, as to the legal content of this concept.

The concept and the debate are not well known in Norway, and I want to commend Gáldu and the other organizers for establishing this arena for furthering the debate, and informing the Norwegian public on the issue. I expect that we will all learn a lot about what self-determination might mean, from a Sami perspective.

I have no intention of covering this complex debate in any detail, but rather make a few observations from the Norwegian government point of view.

First, it may not always be helpful to talk about “the” right to self-determination, as though it existed with one, singular meaning. The legal content of the concept has clearly changed over time, and between various texts of international law. The legal content and the application will also vary, depending on the actual situation on the ground.

As a point of contrast – that is: as an example of what the right to self-determination for the Sámi is not – I will mention how the concept was defined in the context of decolonialization, during the 1960ies.

In this context, self-determination was seen as a right belonging to the people of each colonized country or territory, and the “people” having this right was understood to be the population of the territory in question, without any regard to cultural, ethnic or lingual distinctions. This was the case, even where the borders had been drawn arbitrarily by the colonial powers, dividing groups with a common history, language and culture, and lumping together different groups within one territory.

At the time, the core of the right to self-determination was seen as the right to determine the political status and future of the territory in question, typically through a referendum, that could result in the establishment of a new state, or alternatively some sort of relationship with a another state. One important international legal document where this approach can be seen is the UN Declaration on decolonialization, Resolution 1514.

Also, while decolonialization mostly happened over the 1960ies and early 1970ies, we still grapple with similar situations, as in the case of East-Timor and Western Sahara.

Honoured Chair,

When we discuss self-determination for indigenous peoples in 2008, the concept carries a significantly different meaning. Questions regarding the formation of states are seen as having little relevance, and what constitutes a people is not defined by territorial borders, but by commonly shared history, language, culture and institutions.

One very important source for determining the legal content of the right to self-determination for indigenous peoples is the UN Declaration on the Rights of Indigenous Peoples, which was finally adopted by the UN General Assembly on September 13th 2007.

The Norwegian Government welcomed the adoption of the declaration as an important step forward for the protection of the rights of indigenous peoples, worldwide. The Declaration sets a standard of achievement to be pursued in a spirit of partnership and mutual respect.

The declaration sets forth that self-determination includes the right for indigenous peoples to freely pursue their economic, social and cultural development.

Further, indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

The recognition of the right to self-determination referred to in the Declaration requires that indigenous peoples have full and effective participation in a democratic society and in decision-making processes relevant to the indigenous peoples concerned.

In Norway, many policy issues will have a great importance both to the Sámi as well as to other groups and interests. With regards to such issues, the right to self-determination can be seen as a right to influence on all matters of concern to the Sami as a group.

For practical purposes, this right is exercised through the Sami Parliament, as an elected body with decision-making and consultative functions within the framework of the applicable legislation.

The idea that the Sami of Norway have a right to make their own decisions about their economic, social and cultural development is not a new one. When the Sami Act was adopted in 1987, the parliamentary report made reference to the right of the Sami to govern their own affairs. The same approach is also the core of section 110 a of the Norwegian constitution: That the government must create conditions so that the Sami people themselves can protect and maintain their own culture, their own language and their way of life.

Consultations with the peoples concerned is one of the measures outlined in the Declaration. In Norway, this obligation is implemented through procedures for consultations between the state authorities and the Sami Parliament, in accordance with article 6 of the ILO-Convention no. 169. These procedures were agreed upon in 2005

When it comes to matters and tasks which are relevant exclusively to the Sámi, self-determination is often exercised in that decision-making powers are devolved to the Sámi Parliament alone. Measures regarding Sámi language and the Sámi business development fund are two relevant examples.

 Honoured Chair,

It is important to the Norwegian government that the concept of self-determination is interpreted in a way that is valid and useable internationally. The key is: What kind of precedent is set?

Many states are highly aware of the political and rhetorical power the concept of self-determination had during decolonialization, and do not want to endorse a concept that could have the potential for legitimizing secessionist movements and ethnicity-based conflicts. Sadly, this is a real problem in various locations around the world.

The Norwegian government and the Norwegian Parliament has made it clear, repeatedly, that self-determination for the Sámi will have to be exercised within the framework of an existing, democratic state.

Many in this audience may think such clarifications are unnecessary. I know the Sami movement well, and I know that even talking about a state or a self-governing territory for the Sami is not on the agenda – and that very few, if any at all, will even perceive it as a valid idea.

The UN declaration is also clear, in its final article 46, that it is to be applied in accordance with the UN Charter, and that nothing in the declaration can be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States.

I am therefore happy to note that the declaration has wide support, both among the Nordic states and within the Sámi movement and the Sámi parliaments.

Even though there has been debate on the precise meaning of the concept of self-determination, we do have a very constructive dialogue between the Sami Parliament and the Norwegian government regarding practical measures for implementing Sami decision and co-decision powers in relevant legislation. Some measures are finalized, and others are under consideration or in the consultation phase. These measures include:

• the Finnmark Act
• the consultation procedures
• new provisions in the planning legislation
• provisions regarding Sami interests in the new law on mineral resources,
• legislation that will be proposed by the Smith-committee in two weeks, regarding the rights to salt-water fisheries, and
• the final proposals from the Sami Rights Commission.

 In our ongoing dialogue on such measures, the government point of view is based on the political platform for the sitting Norwegian government, the Soria Moria declaration. In this platform the three governing parties make it clear that “the Sami Parliament must have a real influence on sectors that are important for the Sámi Society”. Agriculture, reindeer husbandry, fisheries and resource management are mentioned as sectors where a Sami influence is necessary.

Honoured Chair,

The traditional Sami areas are divided by national borders, and the Sami live in four different states, Finland, Russia, Sweden, and Norway. It is the responsibility of all these states to create conditions where the Sami rights are respected, in a consistent way, and where the obstacles created by the national borders are minimized, to the extent possible.

One important tool for reaching this goal is the on-going work on crafting a Nordic Sámi Convention.

A draft Nordic Sámi Convention was presented in 2005. The draft was prepared by an independent group of legal experts, many of whom are present today. All three Sámi Parliaments have endorsed the draft, while it is still under consideration of the Finnish, Swedish and Norwegian governments.

Hopefully, formal negotiations on a Nordic Sámi Convention will commence soon, with representatives from the three Sámi parliaments and the three governments at the table.

The right to self-determination for the Sámi people is an important principle in the draft convention, and several of the articles of the draft are concrete examples of how the principle can be applied for the benefit of the Sámi. Hopefully further dialogue, both on the concept of self-determination and on its practical applications, will happen within the context of the negotiations.

This conference will detail what the right to self-determination may mean, in practical terms, when applied to various sectors of Sámi society.

I look forward to listening to input from experts all these important matters, and the following debates. I wish you all good luck with the conference!

Thank you!