The Sámi Parliaments: Indigenous Self-determination and Effective Participation in Politics

1. INTERNATIONAL PARLIAMENTARY CONFERENCEParliaments, minorities and indigenous peoples: Effective participation in politics31 October - 3 November 2010Tuxtla Gutiérrez, Chiapas (Mexico) 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.

2. 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

3. The geo-politicsin the Arctic

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

6. 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

7. 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

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

9. 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. • 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 2003. • 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.

10. 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]

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

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

13. The towards a Nordic Sámi convention • The objective of Nordic Sámi Convention is to affirm and strengthen the rights of the Sámi people in order to secure and develop their language, culture, livelihoods and society, with the smallest possible interference of the national borders and citizenship. • The responsible ministers of Sámi Affairs in the governments ofFinland ,Norway, Sweden and the presidents of the Sámi Parliaments will have a summit in mid November 2010 andhopefully decide to start the negotiations. • When the negotiations starts next year(2011) this will be ultimate test on the political willingness to fully toimplement the international law and standards concerning indigenous peoples as “peoples”.

14. Thank you