Session 4: Local, provincial, regional government and autonomous structures Mr.Lars-Anders Baer The Sámi Parliaments – It’s Relevance as a model of excising self-determination among indigenous peoples. INTERNATIONAL PARLIAMENTARY CONFERENCE Parliaments, minorities and indigenous peoples: Effective participation in politics 31 October - 3 November 2010 Tuxtla Gutiérrez, Chiapas (Mexico)

The Sámi Agenda The Geo-politics in the Arctic The Geo-politics in the Nordic context Recognized as “peoples” The Right to Self-determinitation Free, prior and informed consent Recognization of Indigenous Peoples right to land and resources. “The implementations gap” The towards a Nordic Sámi convention

The geo-politics in the Arctic

The geo-politics in Nordic context The Åland Islands The Åland Islands The Faeroe Islands The Faeroe Islands The Greenland The Greenland The Sámi Parliamet in Finland(1972/1996) The Sámi Parliamet in Finland(1972/1996) The Sámi Parliament in Norway(1989) The Sámi Parliament in Norway(1989) The Sámi Parliament in Sweden(1993) The Sámi Parliament in Sweden(1993)

Recognized as “peoples” Sweden – Recognized as “peoples” in the constitution Norway - Recognized as “indigenous peoples” in the constitution Finland - Recognized as “indigenous peoples” in the constitution Russia - Recognized as small indigenous peoples in the constitution

Recognized as “peoples” “The Norwegian state is founded on the territories of two peoples – the Norwegians and the Saami”. Stated by Majesty King Harald V during the opening the Saami Parliament in 1997

Right to Self-determinitation Finland – Right to Cultural autonomy Norway – Right to self-government Sweden – Sámi governmental authority

Free, prior and informed consent Due to the Finnish constitution the Finnish authorities have consult the Sámi Parliament in all matters that’s concerns the Sámi people. Due to the Finnish constitution the Finnish authorities have consult the Sámi Parliament in all matters that’s concerns the Sámi people. In May 2005, the Sámi Parliament and the Government finalized an agreement on Procedures for Consultations between State Authorities and the Sámi Parliament. These procedures are a direct consequence of the fact that the Government of Norway did not adequately consult the Sámi Parliament on its proposed Finnmark Act, prior to it submitting the proposed Act to the National Parliament in In May 2005, the Sámi Parliament and the Government finalized an agreement on Procedures for Consultations between State Authorities and the Sámi Parliament. These procedures are a direct consequence of the fact that the Government of Norway did not adequately consult the Sámi Parliament on its proposed Finnmark Act, prior to it submitting the proposed Act to the National Parliament in Sweden – no obligations under Swedish laws. Sweden – no obligations under Swedish laws. My impression is that the Nordic Government, for all practical purposes, interprets the principle of free, prior and informed consent, as implying free, prior and informed consultations – instead of consent. My impression is that the Nordic Government, for all practical purposes, interprets the principle of free, prior and informed consent, as implying free, prior and informed consultations – instead of consent.

Free, prior and informed consent International human rights treaty bodies (such as CERD and CESCR) have clarified that indigenous peoples free, prior and informed consent is required in accordance with state obligations under the corresponding treaties. [1] [1]

Recognization of Indigenous Peoples right to land and resources. Norway – partly yes, mainly no, Norway – partly yes, mainly no, Sweden – mainly no, partly yes, Sweden – mainly no, partly yes, Finland - No Finland - No The difference: Among the Nordic countries Denmark and Norway have ratified the ILO- convention no 169. The difference: Among the Nordic countries Denmark and Norway have ratified the ILO- convention no options: - Political land claims settlements 2 options: - Political land claims settlements - Court rulings - Court rulings

“The implementations gap” European Council European Council European Union European Union Universal Periodic Reports Universal Periodic Reports ILO supervisory bodies ILO supervisory bodies International human rights treaty International human rights treaty bodies (such as CERD and CESCR) bodies (such as CERD and CESCR) have reiterated their criticisms concerning have reiterated their criticisms concerning lack of recognisation of lands rights, lack of recognisation of lands rights, discrimination and lack on effective participation and discrimination and lack on effective participation and consultations. consultations.

The towards a Nordic Sámi convention

Thank you