The Duty to Consult the Sámi in Norwegian Law

Authors

  • Øyvind Ravna UiT The Arctic University of Norway and Sámi University of Applied Sciences, Kautokeino, Norway
DOI: https://doi.org/10.23865/arctic.v11.2582

Abstract

This article deals with the duty to consult indigenous peoples and the obligation to involve these peoples in decision-making processes in matters that concern them. After a general review of international legislation and obligations, particularly the ILO Convention no. 169 on Indigenous and Tribal Peoples, the article focuses on how these obligations are implemented towards the indigenous Sámi in Norwegian law. Here, the consultation agreement from 2005 and the Sámi Rights Committee’s 2007 draft are still central. The review includes an analysis of the extent to which these duties meet international law requirements, and a deliberation on the concept of free, prior and informed consent.

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Author Biography

Øyvind Ravna, UiT The Arctic University of Norway and Sámi University of Applied Sciences, Kautokeino, Norway

Professor and Professor II, respectively

Published

2020-12-09

How to Cite

Ravna, Øyvind. (2020). The Duty to Consult the Sámi in Norwegian Law. Arctic Review, 11, 233–255. https://doi.org/10.23865/arctic.v11.2582

Issue

Section

Original Articles

Categories

Keywords:

participation, indigenous people, Sámi, ILO 169, UNDRIP, consultation, free prior and informed consent