The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

Transcription

1 Photo: Kjell Sæther The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

2 The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs 1

3 CONTENTS 1. Introduction The Sámi Parliament s international work Constraints Our political position The Sámi Parliament s role Participation in decision-making processes Target areas, objectives and strategies Sámi cooperation The High North Rights of indigenous peoples and human rights Equality and solidarity Global challenges that affect indigenous peoples Economic and administrative consequences SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

4 1. INTRODUCTION Attached to this White Paper is a memorandum 1 entitled "Introduction to the Sámi Parliament's international affairs activities. We recommend that the memorandum be read in tandem with the text of the White Paper. The memorandum indicates that indigenous peoples legal position has improved significantly in recent decades, and that their cooperative activities at the international level include a wide variety of actors. We are Sámi and will be Sámi, without being neither more nor less than other people in the world are. The Sami Conference in Gällivare, Team Sápmi participate at the Arctic Winter Games in 2014 (Photo Hanne Holmgren Lille) 1.1 THE SÁMI PARLIAMENT'S INTERNATIONAL WORK In presenting this White Paper, the Sámi Parliament submits a general, long-term policy for the Sámi engagement in international affairs. The Sámi Parliament's international 1) This memorandum is not in English, and is only in North-Sami and Norwegian languages. SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs 3

5 policy has been framed and is implemented through collaboration between the Sámi parliaments and the Sámi communities, as well as through cooperation between states and indigenous peoples on the international arena. Sámi organisations and institutions play a crucial role as partners to the Sámi parliaments and as independent international actors. The main objective of the Sámi Parliament of Norway's international efforts is to protect and promote the interests of the Sámi and indigenous peoples at the international level, and to exercise our right to self-determination in respect of our own development. This work is based on the rights enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. In this White Paper, we will discuss the specifics involved in our objective, bearing in mind the full content of the United Nations Declaration on the Rights of Indigenous Peoples. It is crucial for the implementation of the Sámi people's right to self-determination that the rights set out in the United Nations Declaration on the Rights of Indigenous Peoples are respected, incorporated into national legislation and activated into practical policy. The Sámi Parliament has set out the following five target areas for our international work: 1. Sámi cross-border cooperation 2. The High North 3. Rights of indigenous peoples and human rights 4. Equality and solidarity 5. Global challenges affecting indigenous peoples The United Nations Declaration on the Rights of Indigenous Peoples is based on the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith. The Declaration is based on the principle of indigenous peoples right to self-determination, a right that imply that indigenous peoples themselves shall determine their own political position and freely promote their financial, social and cultural development. The right to self-determination also includes rights related to health, education, teaching in their own languages and rights with respect to culture, media, intellectual and religious traditions, as well as the right to protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions. One basic element of indigenous peoples self-determination is the right to lands, territories and resources as important material platforms for indigenous cultures. This White Paper is a result of a process between the Sámi Parliament, Sámi civil 4 SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

6 society, relevant authorities and Sámi institutions. The work began with a preliminary account in The Sámi Parliament has had input meetings with the Sámi Council, the Barents Secretariat and the leader of the working group for indigenous peoples in the Barents Cooperation, Árran, which coordinates Sámi institutions' High North Network, Sáminorth, Gáldu (the Resource Centre for the Rights of Indigenous Peoples), SNF-Sámi NissonForum/Sámi Women's Forum and the Mama Sara Education Foundation for Maasai School Children. The Sámi Parliament has also had dialogue with the Sámi Church Council. The Sámi Parliamentary Council, the Sámi Parliament's Youth Policy Committee (SUPU) and the Sámi Parliament's Council of Elders have been briefed on the draft White Paper. The Sámi Parliament works on international issues on a daily basis and uses international law actively as the foundation for Sámi policy at the national, Nordic and High North levels. The Sámi Parliament aspires to continue to be an active participant on the international arena, in collaboration with the other Sámi parliaments through our joint body the Sámi Parliamentary Council and through Sámi civil society. This entails establishing international cooperation on difficult financial, social, cultural and humanitarian matters, and to promote respect for the universal human rights and basic freedoms for everyone, regardless of race, gender, sexual orientation, language or religion. The White Paper clarifies target areas in many complex policy areas. It describes the principles, objectives and strategies that underlie our international engagement. It describes why, where and how the Sámi people work on the international arena. The Sámi Parliament's White Paper on International Affairs will help ensure that the Sámi Parliament can to a greater extent develop and strengthen our international work. 1.2 CONSTRAINTS The Sámi Parliament's White Paper on International Affairs is not exhaustive in the area of international policy, meaning it does not deal with all aspects of the Sámi Parliament's international activities. The White Paper identifies and discusses the most central aspects of our international work. Depending on which roles the various Sámi actors have, the Sámi's international cooperation can be divided into several levels. All cross-border Sámi collaboration is not international work, although we often see that pan-sámi work has an international dimension. For example, Sámi Giellagáldu, which aspires to establish a permanent centre for Sámi languages, is a collaboration between the Sámi parliaments in Finland, Norway and Sweden. This project has an international perspective because the EU Interreg programme is funding the bulk of it. The linguistic cooperation itself, on the other hand, is Sámi cooperation. The distinction between pan-sámi issues and international issues can be difficult to re- SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs 5

7 cognise in a Sámi policy context. All the same, it is important that the Sámi Parliament's White Paper on International Affairs also address Sámi cooperation since it is a crucial aspect of the Sámi Parliament's international work, even though not all cross-border Sámi cooperation is necessarily of an international nature. 2. OUR POLITICAL POSITION 2.1 THE SÁMI PARLIAMENT'S ROLE The Sámi are an indigenous people with traditional territories within the national borders of Finland, Norway, Sweden and Russia. The Sámi people have the right of self-determination. We are united through common history, culture and Sámi languages, and through the use of our traditional land, fjord and coastal areas, including the resources found there. The contact between the Sámi across national borders is of crucial importance for the preservation of traditions and for the development of Sámi unity and diversity. The Sámi Parliament is democratically elected by and among the Sámi; it is an indigenous parliament. The Sámi Parliament shall improve the Sámi's political position and promote Sámi interests. The Sámi Parliament's role as an independent actor working together with others applies on the national and international arenas alike. No one has the authority to issue instructions to the Sámi Parliament. The Sámi Parliament identifies its own priorities and develops its own policies, based on its mandate from the Sámi people and dialogue with our communities. International law is decisive for promoting and defending our rights and interests at home. Having a legal point of departure in international law, all areas manifested in the Sámi Parliament budget can be related to international work. Mention can be made of the Sámi languages, health, industries, the right to traditional territories with related resources, the rights of groups within a population and its individuals, such as the rights of children or women. For example, the Convention on the Rights of the Child is a central tool for defending Sámi children's use of their Sámi languages in the child welfare system. International work is resource-intensive. It requires human, financial and technical resources. To succeed with our international work, we must set clear goals, build networks, share information and knowledge with other players, and have a clear political framework for protecting the Sámi people s right to self-determination at the international level. The Sámi Parliament is to be representative of the people and must maintain a high level of integrity as an indigenous parliament. This also means that we need to have a clear and strong mandate from and the confidence of the Sámi people. 6 SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

8 The Sámi Parliament wants to participate in international decision-making processes in an adequate and effective manner. This calls for a smoothly functioning political and administrative body, with adequate financial resources. The relatively rapid development of mechanisms for defending the rights of indigenous peoples at the international level requires more resources from the Sámi Parliament to build up our international participation further. Even though the Sámi Parliament has a better financial point of departure than many other indigenous institutions, the fact remains that our capacity is limited due to lack of financial allocations over the national budget. According to the Sámi Act, the Sámi Parliament's purview includes all matters, which, in the opinion of the Sámi Parliament, effect the Sámi people. The Sámi Parliament's budget and the issues dealt with by the Plenary Assembly are indicative of the values, challenges, injustices and rights that are of concern to the Sámi people, and which they would like to influence or change. The Sámi Parliament is primarily a political body for the Sámi people. As a platform for our activities, the right to self-determination allows for many working methods. The Sámi Parliament strives to ensure that our own activities are indisputably correct under international law and that they are in conformity with recognised democratic principles. The Sámi Parliament undertakes to improve everyday life for the Sámi, where the Sámi experience equality with other nationalities. There should be equal rights throughout the entire traditional Sámi area. In actual practice, this means ensuring genuine equal opportunities between the Sámi and the majority population, and between different Sámi areas. Equality, equal opportunities, recognition, understanding, respect and the acceptance of indigenous rights constitute the very cornerstone of the Sámi Parliament's efforts to promote solidarity and international work. The Sámi Parliament has tolerance for differences, both within the Sámi community and within the global community. Every individual is entitled to respect for his/her own background, culture and identity. In conjunction with others, the Sámi Parliament is responsible for helping to defend equality, solidarity and peaceful co-existence between peoples and groups of people. All peoples contribute to the diversity and values that exist in the different societies and cultures, and which comprise the common heritage of humankind. Intensified focus from the outside and plans for industrial activities in areas traditionally belonging to indigenous peoples, including the Sámi area, make indigenous bodies such as the Sámi Parliament entitled to deal with states as well as commercial enterprises. Our rights must be acknowledged and implemented in all policy that affects us. We want our knowledge to effect the development of policy at the national and international levels alike. The states shall, in good faith, consult and cooperate with indigenous peoples through their own representative institutions. Central in this context is the right of indigenous people to give or withhold their free, prior and informed consent before projects that affect their lands or territories and other resources are permitted. This applies SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs 7

9 in particular to the development, exploitation or production of minerals, water or other resources. Our standpoint is that resource extraction activities in Sámi areas must take place within the framework of international law. With resources available to us, the Sámi Parliament will examine ways and means to contribute to good solutions to global challenges that affect indigenous peoples. Often, parties other than those who cause the global challenges are left to deal with most of the adverse ramifications. Indigenous peoples are more closely tied to and dependent on nature than others, so they are harder hit by negative changes in the environment. Consequently, the state must give the indigenous perspective importance when solutions to global challenges are planned and implemented. Nature is the basis of indigenous people's existence and culture as a whole. The traditional basic Sámi tenet which posits that nature is only on loan to us and that it should be husbanded in a manner that will allow it to be passed on to the next generation in the same condition as we received it in, is in keeping with the international precept of sustainable development. This tenet is a guiding principle for the Sámi Parliament's work with the global challenges that affect indigenous peoples. 2.2 PARTICIPATION IN DECISION-MAKING PROCESSES Participation in decision-making processes can take place at international, national, regional and local levels. Participation is vital in order to ensure that the result is in conformity with international law. Decisions taken on international arenas that involve the situation of indigenous peoples can affect Sámi conditions at every level. Accordingly, it is important to consider how the Sámi Parliament should act in relation to arenas such as the UN, the EU, the Arctic Council and the Barents Cooperation. There are many examples of Sápmi being influenced by international decision-making processes. For instance, the EU adopts legislation and regulations that affect Sámi economic activities. The Sámi Parliament submits periodic reports to different international supervisory bodies, e.g. the Expert Committee for ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries (ILO 169) (ILO Committee of Experts), the Human Rights Committee that monitors the UN Covenant on Civil and Political Rights (ICCP) and the Committee on the Elimination of Racial Discrimination (CERD) that monitors the International Convention on the Elimination of All Forms of Racial Discrimination (icerd). It is important to raise attention to matters of concern to the Sámi Parliament by taking advantage of the opportunities to report. In response to one such report, the ILO 169 Committee has urged Norway to resume work on the legislative amendment to the Minerals Act of The authorities' follow up of the Sámi Act's rules regarding Sámi administrative areas is related to The Council of Europe's follow up of the European Charter for Regional or Minority Languages. The Sámi Parliament will ensure equal status for all Sámi languages in Norway for use by the Sámi by maintaining a dialogue with the Norwegian authorities and if needed, the Council of Europe. The Sámi Parliament 8 SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

10 Sofia Jannok and Elle Márjá EiraCOP21 Photo: Corinne Svala will consider increasing the use of opportunities to report to supervisory bodies. At the same time, we must improve the utilisation of the recommendations already issued about Sámi affairs and the following up of new recommendations from supervisory bodies. This will apply to almost all fields and departments in the Sámi Parliament. The Sámi Parliament does not have automatic access to meetings on international arenas. These are usually open only to state members. In the UN, about non-governmental organisations (NGOs) have consultative status with the UN's Economic and Social Council (ECOSOC), and they can register to attend meetings in the UN system. The Sámi Parliament and other indigenous parliaments do not have NGO status. However, the Sámi Parliament has accreditation at meetings of the UN's Permanent Forum on Indigenous Issues (UNIPFII) and under the UN's Expert Mechanism on the Rights of Indigenous Peoples (EMRIP). The Sámi Parliament maintains a good dialogue with the Norwegian Ministry of Foreign Affairs and the sectoral ministries, and can participate in many meetings as part of the delegations that represent Norway. However, the Sámi Parliament wishes to be an independent actor in international contexts. Therefore, efforts must be made to ensure more opportunities for participation in all international arenas that deal with indigenous affairs. We have found that good solutions to indigenous issues often rest on indigenous people's equal and effective participation in decision-making processes, where SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs 9

11 indigenous representatives have the opportunity to influence the content of decisions. The Sámi Parliament's work on the 2014 UN World Conference on Indigenous Peoples rendered this visible. In 2013, the Sámi Parliament hosted the Global Preliminary World Conference on Indigenous Peoples in Alta. Some of the Sámi Parliament's representatives participated in the 2013 Alta Conference through the Sámi Parliamentary Council and the Arctic Region cooperation. The Outcome Document from the 2013 Alta Conference, drafted by indigenous people, was the first proposed draft for the Outcome Document for the 2014 World Conference on Indigenous Peoples. Even though the Outcome Document of the World Conference did not contain all the elements of the Outcome Document from Alta 2013 after the intergovernmental negotiating process, one recognises that parts of the content of the World Conference's Outcome Document originate from the Outcome Document from 2013 Alta Conference. The Outcome Document from the 2013 Alta Conference is an official UN document and is mentioned in a footnote to the Outcome Document from the World Conference. It was an important source for the World Conference's Outcome Document. This bears witness to the fact that it is a prerequisite for acceptable, good solutions at the national and international levels that we participate in decision-making processes that affect Sámi conditions. We will continue to follow up the World Conference's Outcome Document at the national and international levels alike. At the national level, we have the Consultation Agreement between the Sámi Parliament and state authorities. In general, this guarantees that the Sámi Parliament is consulted before decisions are made. Meanwhile, the consultation mechanism must be developed to include the right of the Sámi Parliament and other Sámi rightsholders to give or abstain from giving their free, prior and informed consent before decisions that affect us are adopted or implemented. It is challenging when rights processes in Norway move slowly, or make little progress over time. The follow up of the Sámi Rights Commission II has come to a halt. Another issue is the resumption of the Minerals Act of 2009, which remains unresolved. It might be prudent to determine how it might be possible to develop dialogue and cooperation between state authorities and the Sámi Parliament to spur progress on issues that have stalled. Gaining the political will to follow up Sámi affairs within acceptable timeframes and with solutions that are acceptable under international law is a challenge to which the Sámi Parliament must devote more attention in future. Better communication with the Ministry of Foreign Affairs and sectoral ministries on matters that involve indigenous peoples could be helpful for both the Sámi Parliament and the State. For example, lessons learned from solidarity work could be shared. This is an area that the Sámi Parliament is involved in from time to time and it calls for a good understanding of situations that arise in other parts of the world. The Ministry of Foreign Affairs often coordinates international participation, either in meetings or 10 SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

12 by technical input to monitoring bodies, and a closer collaboration with the Ministry of Foreign Affairs on such matters could be prudent. A good dialogue with the appropriate ministries before, during and after reporting to monitoring bodies is important. To ensure national implementation of Sámi rights, it is also essential to follow up monitoring bodies' recommendations to the Norwegian authorities. 3. TARGET AREAS, OBJECTIVES AND STRATEGIES The rights recognised in the UN Declaration on the Rights of Indigenous Peoples represent the minimum standards to s the survival of the indigenous peoples of the world, and their dignity and social welfare. The Declaration's contents are binding, meaning that states are required to implement its provisions. The Sámi Parliament will help ensure that the implementation is conducted. The Declaration is an essential tool for our work. It guides us in our dialogue with state authorities and other actors at the regional, national and international levels. It would be expedient to associate the use of instruments for Sámi policy and relevant administrative procedures to the articles of the Declaration. This will strengthen and ensure the use of the Declaration in The Sámi Parliament cooperation, and simplify the reports and measurement of the degree of implementation of indigenous rights. Mindful use of the rights enshrined in the Declaration in routine work will create greater understanding of decision-making processes that affect the Sami, and help ensure that we take advantage of them effectively. In the light of the existing cooperative structures and the global challenges facing the world, we have assigned priority to five target areas. These are presented separately below, but they should be viewed collectively and they may overlap. The target areas are: 1. Sámi cross-border cooperation 2. The High North 3. Rights of indigenous peoples and human rights 4. Equality and solidarity 5. Global challenges that affect indigenous peoples The White Paper describes challenges, and articulates objectives and strategies for the target areas. To reach our goals, we must analyse and discuss our role and our responsibility at the international level; this must also be viewed in the context of expertise, capacity and finances. SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs 11

13 Håkan Jonsson, Aili Keskitalo, Vicky Tauli Corpuz, Tiina Sanila-Aikio and Aile Javo (Photo: Jan Roger Østby) 3.1 SÁMI COOPERATION The Sámi are a people with the right of self-determination. Regardless of state borders, the Sámi must have the opportunity to maintain contact, and preserve and develop cultural relations. Cross-border Sámi cooperation is essential for Sámi community life. All cross-border Sámi collaboration is not international work, but we often see that pan-sámi efforts have an international dimension (see Section 1.2). The Sámi Parliamentary Council (SPC) The Sámi should be able to preserve and develop their language, culture and community life, both within the individual nation state and across national borders. The SPC helps coordinate the political treatment of matters that involve the Sámi, and helps facilitate the development of practical forms of cooperation between the Sámi parliaments. The Sámi Parliamentary Council does not have its own secretariat. The intention has been that the administrations of the Sámi parliaments would handle administrative matters for the SPC, but this has not worked optimally. A lack of administrative resources may lead to failure to follow up the resolution and to the deterioration of continuity. The SPC has lowered the priority given to information work. The SPC's Board of Directors is considering setting up a separate staff to attend to these functions. 12 SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

14 The Sámi parliaments' work on international issues is to be channelled through the Sámi Parliamentary Council. A long-term goal of the SPC is to participate in its own right in indigenous-related meetings and processes. The Sámi Parliamentary Council has formal collaboration with the national authorities in Finland, Norway and Sweden through meetings between the presidents of the Sámi parliaments and the cabinet ministers with responsibility for Sámi affairs. The Sámi Parliamentary Council has applied for independent participant status in the Arctic Council. The SPC has applied for full membership of the Nordic Council, where the Sámi parliaments currently have observer status. The Nordic Council is the official Nordic body for parliamentary cooperation, and it has members from Denmark, Finland, Iceland, Norway and Sweden, as well as from the Faeroe Islands, Greenland and Åland. The sessions are a forum at which the Nordic parliamentarians discuss Nordic issues with the Nordic countries' prime ministers and sectoral ministers. The Sámi Parliamentary Council has its own EU strategy, and will strengthen the efforts devoted to EU issues. The Council considers a possible establishment of its own office in Brussels. The work of the Sámi Parliamentary Council (SPC) requires the support of the Sámi parliaments. The Sámi Parliamentary Council's activities reports to the Plenary Assembly through the Sámi Parliament Governing Council's reports. Consideration should be given to whether the Sámi Parliament should make annual reports on the SPC's activities to the Plenary Assembly. The Sámi Parliamentary Council does not have its own budget. The Sámi parliaments convey funding of Sámi Parliamentary Council over their ordinary budgets. The Sámi parliaments themselves must give priority to funding SPC cooperation. The SPC has urged Finland, Norway and Sweden to provide funding for this work. Objectives: Encourage the Sámi Parliamentary Council to institutionalise cooperation on issues that affect Sámi in several countries, or the Sámi as a people. Ensure the Sámi Parliamentary Council as an independent participant in international fora. See to it that the Sámi Parliamentary Council has wide-ranging involvement in international work. Strengthen the Sámi parliaments' cooperation through the Sámi Parliamentary Council. Strategies: Strive to improve framework conditions for the Sámi Parliamentary Council, including the improvement of economic and administrative resources. SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs 13

15 Help ensure that the information activities of the Sámi Parliamentary Council are further developed and strengthened. Participate in relevant international fora actively through the Sámi Parliamentary Council. Help provide funding for an evaluation of Sámi Parliamentary Council activities. Strive to ensure that indigenous representative bodies can participate independently in relevant international fora. Improve the exchange of information on cooperation in the Sámi Parliamentary Council. Make annual reports on the Sámi Parliamentary Council's activities to the Sámi Parliament Plenary Assembly. Strengthen the Sámi parliaments' communications about their international efforts in respect of different target groups in the Sámi community. Nordic Sámi Convention In 2005, an expert group produced a draft Nordic Sámi Convention. Since 2011, Finland, Norway and Sweden have been negotiating such a convention. The Sámi parliaments participate in the negotiations through their participation in state delegations. Negotiations are in progress on an article concerning the Sámi and international representation. The Sámi are one people living in several states. A Sámi Convention guarantees us an equal set of rights, which is a prerequisite for our continued progress as a people. National borders shall not be an impediment to the preservation, exercise and development of our culture, our language, our economic activities and our community. The Nordic states have a unique opportunity to agree with their indigenous people regarding a cross-border convention that protects our rights as a cross-border indigenous people. Such a convention would be of importance outside the Nordic region as well, as many of the indigenous peoples of the world are divided by borders and lack a comprehensive framework to protect them as one people. A Nordic Sámi Convention could set a standard that inspires states that have cross-border indigenous peoples to establish a dialogue and make a framework that guarantees their rights. Consequently, a Nordic Sámi Convention has a value that extends beyond the borders of Sápmi. The Nordic Sámi Convention has value beyond the borders of Sápmi. The Council of Europe has had and has significance for the development of human rights. The Council adopts both conventions and recommendations regarding how human rights should be defended in Europe. It would be natural to consider dialogue with the Council of Europe on the Nordic Sámi Convention. 14 SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

16 Objective: Agree on a common framework that is well within international law for the Sámi as one people and an indigenous people. Strategies: Participate in the negotiations, scheduled for completion in Contribute to and promote progress in the negotiating processes. Improve the Sámi parliaments' communications about their international work to better inform different target groups in the Sámi community. The Sámi on the Kola Peninsula It is important to help the Sámi of Russia strengthen the conditions for protecting their languages, culture, economic activities and community life. The Sámi in Russia are represented in the joint Sámi political work through their two organisations, Guoládaga Sámiid Searvi (GSS)/ Association of the Kola Saami (AKS), established in 1989, and Murmánskka guovllu Sámisearvi/ Official Organisation of Saami in Murmansk Oblast (OOSMO), established in These two organisations work continuously to develop and promote the Sámi languages, culture and rights as an indigenous people. Both organisations are members of the Sámi Council and are permanent participants in the Sámi Parliamentary Council. At the Sámi's second congress, in 2010, the Kola Sámi Sobbar was established as a meeting place for the Sámi in Russia. The Kola Sámi Sobbar applied for membership of the Sámi Parliamentary Council in OOSMO supported the application, while representatives of the AKS did not support the application. The Sámi Parliamentary Council supports the Sámi in Russia in their efforts to set up a separate democratically elected body. For the Sámi Parliament, it is important to try to obtain sufficient staffing capacity and financial resources to help the Russian Sámi to participate politically in an efficient and satisfactory manner. In the Barents Cooperation, there has been a great deal of successful people-to-people cooperation in the high-priority areas of culture, young people, the environment, indigenous peoples and health. The regional Barents Cooperation generally focuses on specific projects, and strives to eliminate formal obstacles to cooperation. People-to-people cooperation can include cultural events, language measures and industrial cooperation on reindeer husbandry, fisheries and tourism. Objective: Promote extensive cross-border cooperation among the Sámi. SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs 15

17 Strategies: Support the Sámi in Russia in their efforts to achieve favourable development. Help the Sámi Parliamentary Council conduct a round table conference on the Kola Peninsula in Support and contribute to people-to-people projects that involve indigenous peoples. Develop and preserve good avenues of information. Through dialogue with the Government, ensure that people-to-people funding also contributes to people-to-people cooperation on the Kola Peninsula 3.2 THE HIGH NORTH High North policy implies formidable challenges for indigenous peoples, national authorities and industrial interests on indigenous territories. This may imply effects that are not in the best interest of indigenous peoples, while at the same time, it opens possibilities for greater affluence through the sustainable, fair management of natural resources. Also in a global perspective, A viable Sámi community will be seminal in paving the way for value creation and resource management. High North policy must therefore be framed and implemented in dialogue with and cooperation among the Sámi Parliament, Sámi rightsholders, Sámi special interest organisations, the authorities and commercial interests The European Union (EU) Our most crucial European challenge is to protect Sámi interests in respect of the EU. A number of regulations and directives originate in the EU system. The regulations and directives on food safety, veterinary policy, transportation policy, energy policy and environmental policy affect Sámi interests to different degrees. Sámi political influence in the European context requires that we are able to express, render visible and communicate political objectives, standards and expectations, which, in turn, lead to institutionalised schemes for influence. The Sámi Parliament participated in the negotiations on Norway's EU membership in A protocol regarding the Sámi people (the Sámi Protocol) was negotiated. The Protocol applies to the Sámi in Finland and Sweden, but is not part of the EEA agreement. The Sámi Protocol recognises indigenous people's right to traditional use of land as a basis for protecting the culture before the European Court of Justice. There have been found no published assessments to explain why the Sámi Protocol has not been incorporated into the EEA agreement. It may seem peculiar that a binding protocol on Sámi issues, negotiated on the initiative of Norway, is not part of the EEA agreement. The reason is probably that Norway did not join the EU. Norwegian initiatives to incorporate EU law into the EEA agreement are rare. The advent of the Sámi 16 SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

18 Sámi Parliamentary Council visiting Sea Sami society (Photo: Pål Hivand) Protocol and its binding effect speak in favour of incorporating the Protocol into the EEA agreement. The Sámi Parliament will strive to accomplish this. Lobbying activities are an important part of political life in the EU system, and they are recognised as both necessary and desirable by EU institutions. Lobbying is a question of active participation in the EU's decision-making processes. EU decisions may have consequences for the Sámi, so it is important to promote our own position in relation to the EU system. The Sámi Parliament in Norway will pave the way for the Sámi Parliamentary Council to discuss how the Sámi parliaments can influence the EU's decision-making processes. It is desirable to have a framework for models that lead to institutionalised schemes for Sámi influence in the EU. It is natural that the Sámi parliaments in Finland and Sweden spearhead such efforts since they can benefit from the EU memberships of Finland and Sweden. The EU develops and adopts policy that affects the Sámi's routines and the cross-border cooperation between the Sámi, so it is natural that the Sámi Parliament considers having its own presence at the North Norway EU Office in Brussels. Through the cooperation agreements with county authorities in northern Norway, the Sámi Parliament can fund a trainee scheme for Sámi youth at the North Norway EU SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs 17

19 Office in Brussels. Collaboration on a trainee scheme for Sámi youth at the regional offices of Finland and Sweden can be developed. The Sámi Parliament is involved in the European Policy Forum, which meets twice a year. The Forum is a meeting place for ministries, county authorities, municipalities and the Sámi Parliament. The Government has drawn up a strategy for EU collaboration that expresses interest in close collaboration with the EU and active participation in political processes in Europe. To lobby on important decisions, Norway must get involved early and deeply in issues of European policy. The Sámi Parliament will strengthen its dialogue and collaboration with the Norwegian authorities on EU issues. Objectives: Ensure that the Sámi Protocol becomes part of the EEA agreement. Try to influence the EU prior to the adoption of decisions on regulations and directives that affect Sámi interests, industries and local communities. Provide good general conditions for Sámi language, culture and economic activities through cross-border regional collaboration in Sápmi. Strategies: Take initiatives to discuss Sámi representation in Brussels through the Sámi Parliamentary Council. Engage in dialogue with Norwegian Ministry of Foreign Affairs on EEA issues and the EU. Provide information about Interreg to Sámi organisations, institutions and enterprises. Support Interreg projects through the use of instruments. Appoint and follow up representatives to Interreg's Monitoring and Steering Committees. Discuss Sámi representation with county authorities in the North Norway EU Office in Brussels. Arctic Cooperation The Arctic is a focal point for international politics. Climate change and other challenges mean that we must find good solutions that focus on the environment, resources and energy. There is growing interest in resource extraction and new land use in the Sámi area, and there is keener competition for the natural resources. Market demand and political attention make Sápmi an important area for High North policy and industry. In this context, as one people with rights to traditional territories, the Sámi do not receive sufficient attention. Arctic Cooperation encompasses collaboration between state governments through the Arctic Council and collaboration between the parliamentary assemblies. Indigenous peoples have a central position in the cooperative bodies. 18 SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

20 The Arctic Council is a body based on consensus. Six indigenous people's organisations, including the Sámi Council, are recognised as permanent indigenous participants (PPs). All of them have the right to speak and to make proposals like the member states, but they do not have the right to vote. Thus, they cannot veto proposals, as the member states can. In actual practice, however, there have been no cases in which the member states have adopted decisions against the will of the PPs. Altogether, 32 countries and organisations have observer status on the Council. The permanent indigenous participants are supported by their own secretariat, the Indigenous Peoples Secretariat (IPS). The IPS is currently located in Copenhagen, but it has been decided to move it to Tromsø. In Tromsø, the IPS will be co-located with the secretariat of the Arctic Council. The Arctic Council is an important forum for discussing environmental challenges and economic opportunities in the Arctic. It is a regional cooperative body intended to promote cooperation and interaction among the Arctic states on matters of common interest. Sustainable development, environmental protection and climate change are highly relevant issues. The Arctic Council has helped improve cooperation in the Arctic and added to knowledge about central policy areas, such as the environment and climate change. The Arctic Council currently places more emphasis on delivering good results on sustainability in respect of cultural and economic development, in addition to the environment. In autumn 2014, the Arctic Council took an initiative to create the Arctic Economic Council (AEC). The objective of this is to create a framework for dialogue between the Arctic Council and commercial players in the Arctic. This should help move economic development higher up the agenda for Arctic Cooperation. The Office of the Auditor General of Norway has reviewed the authorities' work with the Arctic Council for the period from 1996 to The Sámi Parliament has provided information to the review. The work of the Office of the Auditor General is part of a multilateral audit of the Arctic Council, in which the Offices of the Auditors General from Denmark, Norway, Russia, Sweden and the US have participated. The Offices of the Auditors General in Canada and Finland have been observers. One of the key findings is that the Arctic Council has not done enough to facilitate indigenous participation in the Council's work. Indigenous participation in the projects varies due to the lack of economic, technical and human resources. The Arctic Council has no funding scheme to ensure indigenous participation in its work. Every country is responsible for funding indigenous participation. The audit revealed weaknesses in the coordination and follow up of Norway's work with the Arctic Council. SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs 19

21 Objectives: Ensure more focus, presence and efforts in the policy relating to the High North to ensure sustainable development for the peoples of the North. See to it that nature is used and protected in a manner that provides a basis for culture and a clean environment for future generations. Strategies: Strengthen indigenous people's capacity, expertise and financial wherewithal to take part in work under the auspices of the Arctic Council. Increase Sámi knowledge about and focus on change and development in the High North. Take the initiative to more formalised collaboration with the Sámi Council and other relevant indigenous institutions and organisations on Arctic Council issues. Give priority to getting the resources required to be active in arenas that deal with High North policies at the national and international levels. Work to strengthen indigenous people's capacity by ensuring that the indigenous secretariat at the IPS is better funded and co-located with the Arctic Council's secretariat in Tromsø. Discuss with the Ministry of Foreign Affairs the need for the Sámi Council and other relevant indigenous institutions and organisations to obtain better funding to carry out their work on the Arctic Council. Help ensure that key reports from the Arctic Council are translated into Sámi and made available in local Sámi communities. Follow up the project under the auspices of the International Centre for Reindeer Husbandry (ICR) in Kautokeino and the Association of World Reindeer Herders (WRH), Eallin, that works with young people and reindeer husbandry. Support their new project, Eallu that deals with young people in the Arctic, climate change and food culture. Organise a circumpolar educational conference in March 2016, and host a ministerial meeting for Arctic areas to support the signing of a cooperation agreement for the education sector. Barents Cooperation The Barents Cooperation has afforded the indigenous peoples and the regions of the north a role in cooperation with Russia. People-to-people cooperation strengthens the bonds between the peoples who live in the North. Many successful cooperative projects have been carried out under the auspices of the Barents Cooperation, especially in the fields of cultural and economic development. The Barents Cooperation has helped improve the Sámi's sense of fellowship with the Sámi on the Kola Peninsula. Russia's neighbourhood policy has engendered reactions in the global community and 20 SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

22 impeded the development of further cooperation between Norway and Russia. This could also could affect cooperation between the Sámi and other indigenous peoples in Russia. In this situation, it is important to fortify people-to-people cooperation and provide impetus for Norway, despite sanctions, to maintain a dialogue with Russia. The Barents region's natural resources are of considerable interest to commercial interests. Commercial exploitation of the natural resources will often jeopardise indigenous people's traditional industries and culture precisely because indigenous rights are not protected under international conventions and standards. The introduction and use of ethical guidelines for economic activity in indigenous territories will help reduce the threat against indigenous industries and culture. Objectives: Foster cross-border cooperation among the Sámi, devoting special attention to the Sámi who live on the Kola Peninsula. Trade with other peoples and indigenous peoples in the Barents region. Strategies: Promote indigenous rights relative to new production-based industries in the Barents region. Help preserve indigenous people's culture and existence in the Barents region. Give priority to resources for funding political participation for the Sámi who live on the Kola Peninsula, so that they can take part in the Sámi Parliamentary Council, Barents Cooperation and other relevant international arenas. Give priority to policy instruments over the Sámi Parliament budget for international initiatives through subsidies for cultural initiatives that devote special attention to the Sámi who live on the Kola Peninsula in Russia. Support the Sámi on the Kola Peninsula in their efforts to promote their own political, legal, economic, social and cultural development. Assist in the process related to the project work done by the Árran Lulea Sámi Centre with surveying and evaluating ethical guidelines for economic activity in the North. 3.3 RIGHTS OF INDIGENOUS PEOPLES AND HUMAN RIGHTS Indigenous peoples have the right to enjoy all international human rights and fundamental freedoms, as recognised under international human rights law, including the UN Charter, the Universal Declaration of Human Rights or international human rights treaties. States need to enact a special policy and regulations that recognise, strengthen and protect indigenous rights and that maintain indigenous peoples right of self-determination. The Sámi Parliament's role is to help ensure the implementation of indigenous SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs 21

23 President Aili Keskitalo makes a speech at the UN (Photo: Hege Fjellheim) rights in national and international contexts. The implementation must take place in cooperation, dialogue and consultation with the indigenous peoples involved. The Sámi Parliament is therefore dependent on dialogue and cooperation with state authorities to achieve its own objectives. The Sámi Parliament works with several UN bodies located in Geneva and New York, including the UN Human Rights Council and the General Assembly. The Sámi Parliament has contact as needed with the UN's Special Rapporteur for Indigenous Rights, the UN Permanent Forum for Indigenous Issues, and the UN Expert Mechanism on the Rights of Indigenous Peoples. These three indigenous mechanisms coordinate efforts on behalf of indigenous peoples at the international level. EMRIP, the UN Expert Mechanism on the Rights of Indigenous Peoples, has the same accreditation proce- 22 SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs

24 dure through the UN Economic and Social Council as the UN Permanent Forum on Indigenous Issues. Up to the present, the Sámi Parliament has participated through Norway's delegation to the EMRIP sessions. The Sámi Parliament must have a good interdisciplinary and pan-sámi dialogue to facilitate the work of the three indigenous mechanisms in a satisfactory manner. The Sámi Parliament will contribute to the efforts to ensure that EMRIP can be transformed into a monitoring body for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, or that a voluntary reporting option is established for the Declaration. In autumn 2014, the Storting (Norwegian parliament) amended the Constitution, were human rights were given a more prominent position, but the Sámi's status as a distinct people and an indigenous people was not incorporated. Finland and Sweden have anchored the Sami's status as a people and an indigenous people in their constitutions. It would be natural for Norway to follow the same legal trend as its neighbouring countries. In spring 2015, the Storting 2 adopted the act on the National Institution for Human Rights 3. The main task of Norway's National Institution for Human Rights is to promote and protect human rights in accordance with; the Constitution; human rights and other legislation; international treaties, and; international law otherwise. Further, it will monitor and report on indigenous rights. The skills and capacity of the National Institution on the rights of indigenous peoples must be safeguarded and strengthened in future. Through its work on the international arena, the Sámi Parliament has established close cooperation with representative indigenous people's organisations, states and other organisations and institutions. The UN's Permanent Forum on Indigenous Issues has seven defined sociocultural indigenous regions: (1) Africa, (2) Asia, (3) Central and South America and the Caribbean, (4) the Arctic, (5) Central and Eastern Europe with Russia, Central Asia and the Caucasus, (6) North America and (7) the Pacific Rim. The Sámi Parliament builds alliances among indigenous peoples and states, and participates in bilateral cooperation. A prime example of how we have accomplished this is our work with the global coordination group that operated in the run-up to the World Conference on Indigenous Peoples (WCIP 2014). A number of states actively helped to organise the conference that resulted in an Outcome Document whose content was acceptable to indigenous peoples the world over. The Outcome Document from the World Conference on Indigenous Peoples was based on the Outcome Document from the 2013 Alta Conference. In particular, the Sámi and the Inuit, who make up the Arctic region at the UN, maintain a good dialogue, and we can benefit from each other's experience and contacts. 2) The Norwegian Parliament 3) Based upon the Paris Prisciples (1991) SAMETINGET: The Sámi Parliament of Norway`s White Paper on Solidarity and International Affairs 23