The Duty to Consult the Sámi in Norwegian Law

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

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.

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
Section
Original Articles
Keywords
participation, indigenous people, Sámi, ILO 169, UNDRIP, consultation, free prior and informed consent