The Duty to Consult the Sámi in Norwegian Law
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.
Copyright (c) 2020 Øyvind Ravna
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Authors contributing to The Arctic Review on Law and Politics retain copyright to their articles but agree to publish them under a Creative Commons CC-BY 4.0 License. The terms of this license permit third parties to freely copy and redistribute the material in any medium or format, and to adapt, transform, and build upon the material for any purpose, even commercially, as long as appropriate credit is given, a link to the license is provided, and any changes made are indicated. The foregoing may be done in any reasonable manner, but not in any way that suggests the licensor endorses the third party or their use.
