Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Norway (Ratification: 1990)

1. The Committee notes with interest the detailed information contained in the Government's first report on Convention No. 169. The Committee would be grateful for further information on the following points.

2. Article 1 of the Convention. The Committee notes that during the census of 1970 efforts were made to determine the size of the Sami population, which the Government estimates to be approximately 40,000. Please indicate whether there are any plans for a further census which would include a specific indigenous component.

3. The Committee also notes the Government's decision to identify the Sami as indigenous. Please provide information on the processes by which individuals express their self-identification as members of the Sami people.

4. Article 2. The Committee notes the establishment of the Sami Development Fund (SDF) to promote the economic, social and cultural rights of the Sami. The Committee would appreciate further information regarding the structure and programme of action of the SDF, and the number of Sami who benefit from these projects.

5. Article 4. The Committee notes the amendment to the Constitution providing special guarantees to safeguard Sami language, culture and way of life (article 110 A). The Committee further notes the various laws and administrative measures regulating traditional economic activities, such as reindeer herding, which it appears are progressively narrowing the scope for the continuation of this activity. Please indicate the participatory mechanisms used to determine the wishes of the people concerned regarding measures affecting their welfare, with specific reference to traditional economic activities. Please also include information on any measures taken or envisaged for fostering respect for Sami traditions in this regard.

6. Article 5. The Committee notes from the detailed information in the report the various measures taken by the Government to recognize and respect the social, cultural and religious values and practices of the Sami people. In this respect, the Committee also notes the report commissioned by the Government defining the legal obligation of the State to provide opportunities for the cultural preservation and development of the Sami people. The Committee would appreciate further information on the present position of traditional cultural institutions, including the siida, by which the use, access to and conservation of the reindeer grazing grounds and the relationship between the reindeer and the herders is regulated. Please indicate also any measures which have been taken or are envisaged to encourage these institutions to contribute effectively to devising strategies for resolving the present crisis in the reindeer industry.

7. Article 6. The Committee notes the requirement to consult the Sami Assembly prior to any final decision being taken on any proposed legal or administrative measures. With reference to the policy report prepared by the Government on "Sustainable Reindeer Husbandry", please indicate if the Assembly made any comments or suggestions on the report, and the effect that these comments may have had.

8. Article 7. The Committee notes that the Sami Development Fund (SDF) is responsible for devising the development strategies within the Sami administrative area. It would be grateful for further information on: (1) the mechanisms which assure the effective participation of the Sami people in the formulation, implementation and evaluation of the plans and programmes of the SDF; (2) the projects and priorities of the SDF; and (3) whether any impact-assessment studies of development projects have so far been undertaken. Please also keep the Committee informed of further developments in this regard, and on conclusions of the report now being prepared on the effects of EC membership on the Sami community.

9. With respect to traditional knowledge of environmental protection and preservation, please indicate any measures taken or envisaged to associate the siida, SRHA and other Sami organizations in development projects to ensure that such projects are also environmentally correct.

10. Article 8. The Committee notes that national courts may take cognizance of Sami customary law and judicial precedence if there is uncertainty or ambiguity. Please provide examples of how this principle has been applied by the national courts.

11. Article 9. The Committee notes that equal treatment for all citizens is enshrined in Norwegian law, and that the Constitution provides special protection for Sami culture and traditions. Please indicate if Sami penal customs and customary methods differ from the national law, and if so, provide examples of instances when this issue has arisen.

12. Article 10. The Committee notes from the Government's report that ethnicity is not a determining factor in court decisions. The Committee notes also that the courts have discretionary power to consider any special circumstances, including social and cultural background. Please provide examples of any relevant court judgements where account was taken of ethnic origin, including information on the Sami perception of this matter.

13. Article 12. The Committee notes there have been a number of cases brought in the national courts by Sami interests on matters of principle. Please provide further information on these cases. The Committee also notes that the Act on Free Legal Aid provides financial assistance to parties in civil proceedings, and legal advice. The Committee would be grateful if the Government would provide information indicating the number of Sami who have benefited from this legal assistance service.

14. Article 14. The Committee notes that the Government holds title to most of the traditional lands of the Sami to which the Sami have a right of usufruct. The Committee also notes in this regard that there are judicial decisions enforcing Sami prescriptive rights based on long-established use. It notes that, recognizing the need for a comprehensive analysis of the legal position of the Sami people, the Government has appointed the Sami Rights Commission to assess the current legal situation of the Sami as regards rights to, and use of, land and water resources, and to suggest concrete recommendations for requisite changes. The Committee notes from the report that the Government has demarcated certain areas to be within the Sami administrative zone, and that the Sami Rights Commission will include further definitional measures in its recommendations. The Committee requests the Government to keep the Committee informed of the progress of this study.

15. The Committee notes in the report that there are no specific procedures to resolve Sami claims to land or land rights and that the Sami have to use the procedures existing in the national courts. Please provide information on the legal procedures used by Sami to resolve land claims, including court decisions.

16. Article 15. The Government states in its report that Sami have the right to some of the produce of the lands they occupy and that the Sami Rights Commission will include the Samis' rights to utilization of natural resources in its study. The Committee looks forward to receiving further information regarding the extent and scope of the rights of the Sami people to resources "pertaining to their lands".

17. Article 19. Please provide further information regarding any measures taken or envisaged to determine the extent to which the land presently available to the Sami is adequate "for providing the essentials of a normal existence" and for their future development, as prescribed by this Article.

18. Article 20. The Committee notes the measures taken by the Government to increase employment opportunities for Sami. Please indicate the prevailing conditions of employment and labour inspection services within the Sami administrative areas, including information on any special problems faced by Sami in seeking and holding employment, both within and outside this area.

19. Article 25. The Committee notes that the Ministry of Health and Social Affairs has appointed a committee to evaluate the specific health and social services needs of the Sami community and that this committee includes three members from Sami-based organizations. The Committee requests the Government to provide information on the results of this committee's work.

20. Article 31. Please indicate if it has been considered necessary to take educational measures to increase awareness and respect of Sami society and culture among those in direct contact with Sami, as provided for in this Article.

21. Parts VII and VIII of the report form. The Committee notes that the Government has communicated its report on the Convention's application to the Norwegian Sami Council. Please indicate whether any observations have been received from the Norwegian Sami Council regarding the practical application or implementation of the provisions of the Convention.