the sÁmi parliament: territorial vs. non-territorial ... · panel 346: sami parliaments:...
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THE SÁMI PARLIAMENT: TERRITORIAL VS. NON-TERRITORIA L AUTHORITY IN
NORWAY1
Torvald Falch, Sámediggi, Tromsø, Norway
Per Selle, University of Bergen, Norway
Kristin Strømsnes, University of Bergen, Norway
Paper to ECPR General Conference, Montreal 2015, 26-29 August
S29 – Indigenous Politics in Comparative Perspective
Panel 346: Sami Parliaments: Instruments of Self-determination?
1 An almost similar version of this article/paper will be published in a special issue of Ethnopolitics on Non-Territorial Autonomy, Ethnopolitics 15 (1), ed. John Coakley.
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ABSTRACT. This article explores the case of the Sámi in the Nordic countries, with a specific focus on
the most extensive Sámi political system, that found in Norway. The Norwegian Sámi parliament is an
indigenous parliament in a unitary and ‘state-friendly’ society. As will be seen, that is not an easy
position to be in. While most of the Sámi are concentrated in the most northern part of Norway, the
Sámi language has a general protection by law. The language has a particularly strong protection
within the so called management area of the Sámi language (which includes 10 out of 428 Norwegian
municipalities). The territorial dimension and the strong emphasis upon the traditional Sámi settlement
areas are at the core of the Sámi political project. Even so, the Sámi parliament covers the whole of
Norway, and a Sámi can register to vote for the Sámi elections independently of where in Norway that
person is living. The Sámi are thus an indigenous people, for whom the development of a new public
space since the 1980s has as its core the question of ownership of land and water in the key Sámi
areas, while at the same time the jurisdiction of the Sámi parliament extends not only over the
traditional Sámi areas, but over the whole territory of Norway. The article discusses how this non-
territorial model came about and what it implies for the Sámi political project. What kind of boundaries
or limits concerning Sámi self-determination and self-rule do we see after 25 years of a Sámi
Parliament?
Introduction
Sámi ethnicity emerged over a large area in Fennoscandia (the Scandinavian Peninsula,
Finland and Russia) in the last thousand years BC. The Sámi enjoy historical continuity in the
use and habitation of this area where interaction—and with time, an increasing degree of
intertwining—with other ethnic groups has been prominent. Currently, Sámi reindeer
husbandry or herding takes place in most of this area. This traditional, nomadic Sámi
livelihood makes use of large areas and has contributed to maintaining a strong identity in
respect of territorial affiliation. The Sámi inhabited this area, largely dominating its resources,
long before modern state formation took place. They are recognised as an indigenous
people, where just such a territorial and resource dimension is a crucial, defining
characteristic distinguishing them from other minorities. Other ethnic minorities can of course
also have a historical territorial affiliation, but typically not in the same way as indigenous
peoples, who live in their own historical areas and are not a dominant group in any other
state. The planning and development of modern Sámi and indigenous policy is therefore
based on territorial and historical, as well as political, features and structures, and indigenous
people, according to international norms, have a right to self-determination. There will
therefore inevitably always be a territorial dimension in ethnic policy in respect of indigenous
peoples, regardless of whether they live in federal or unitary states.
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This article discusses the issue of non-territorial autonomy in the special case of the Sámi,
who live as a minority in four countries—Norway, Sweden, Finland and Russia. Since over
half of the Sámi population lives in Norway, where the Sámi political system is also most
developed, we focus on this case. The Sámediggi (the Sámi Parliament) in Norway, which
has received international attention, is an indigenous parliament within a unitary state. At the
opening of the third elected Sámediggi in 1997, King Harald V solemnly acknowledged, on
behalf of the Norwegian state, the significance of the Sámi role: ‘The state is established on
territory belonging to two peoples—Norwegian and Sámi.’ This statement expresses
recognition that the Sámi are a people, that they have a territorial attachment that precedes
the creation of modern states, and that Sámi history is intertwined with Norwegian history.
Thus, the statement summarises the complexity of the new Sámi policy that developed in
Norway, beginning in the mid-1980s.
Sámi residing throughout the country may register in the electoral roll for Sámediggi
elections, participate in the elections and be represented in the institution that is the core of
the new Sámi public space, the Sámediggi. The electoral roll and other important
characteristics of non-territorial autonomy such as transferred authority and influence have,
as we shall see, a significant territorial dimension. The Sámi language enjoys general
protection under Norwegian law, which means that Sámi pupils are entitled to learn the Sámi
language no matter where in the country they live.1 At the same time, the language has
particularly strong protection within its own established administrative area, which includes
ten of the country’s 428 municipalities. In other words, there is also a strong territorial aspect
to the Sámi political project, and this is not just about language and cultural expression, but
about the intimate interaction that exists between language, culture and industry in the
context of an indigenous people. The development of a new Sámi political space since the
1980s has to a large extent been linked to the issue of ownership and use of land and water
in the Sámi areas. The adoption of the Finnmark Act in 2005 by the Norwegian parliament
must be understood as an expression of this. This Act involves a transfer of control of the
land and resource rights in the county where most of the Sámi live—Finnmark—to an
ownership body where the Sámediggi is given influence, at the same level as Finnmark
County Council, although the Sámi are clearly a minority in the county and also have the
right to vote at the county level. This must also be seen as recognition of the Sámi culture’s
territorial dimension.
In this article, we discuss how the model of indigenous authority developed in Norway, where
the Sámediggi has a non-territorial form, but significant territoriality in its expression and
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exercise. What does this model reveal about the Sámi political project? What form of Sámi
political control has evolved, and what limitations on Sámi authority do we see after 25 years
of a Sámi parliament? In other words, we will look at how Sámi authority has developed and
how it expresses itself in Norway today. Based on this, we propose a model for indigenous
authority which takes into account variations in the state’s governance systems, with
particular emphasis on how this might work in a unitary state like Norway. The model
simultaneously addresses indigenous authority, which is essentially non-territorial, and forms
of territoriality linked to specific matters for the exercise of self-governance. We start by
describing the ethnopolitical structure in Norway, before looking into the background to the
emergence of the Sámediggi, how this system is structured and works and on what basis it
adds to Sámi self-determination.
Ethnopolitical Structure
The Sámi in Norway live as a minority, and have done so since long before the Norwegian
national state was established (Paine, 2003). According to ILO Convention No. 169, ratified
by Norway , they are recognised as an indigenous people with the right to special protection
and to a high degree of influence over their own living conditions.2 Individual Sámi thus
belong to two overlapping public spheres and civil societies within the same national state, in
a form of multicultural citizenship (see Kymlicka, 1995). Although the Norwegian census
does not record ethnicity, it is clear that there is a high degree of intermingling between Sámi
and Norwegians and between Sámi and Kveeni (persons of Finnish decent in Northern
Norway).3
The Norwegian state’s approach to the Sámi is structured within the framework of the unitary
state. This is an important premise for the development and framing of Sámi authority in
Norway. Sámi policy has evolved within a large, strong state, and within what is often
described as a ‘state-friendly’ society (Kuhnle & Selle, 1990). Norway is characterised by
close ties between the government and various actors in civil society. There is a strong
tradition of NGOs advocating increased state responsibility regarding society and welfare.
The major social movements, such as religious, labour and temperance ones, have been of
a political nature, and have also argued for enhanced state responsibility within their own
fields of interest. This orientation has given NGOs a key position in the formation of public
policy; they are commonly affiliated to political parties, and participate in committees, panels
and hearings where policy is made. The Norwegian (and Nordic) political system
substantially incorporates public interests; NGOs have maintained a strong, independent
role, resulting in a peculiar mix of independence of and integration in the political system
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(Grendstad, Selle, Strømsnes & Bortne, 2006). This provides a framework within which the
Sámi and the state meet, although indigenous policy is also shaped by strong international
law norms.
A unitary state such as Norway implies not only a centralised power structure, but historically
rests on an ideological understanding that the state and the people are one (Fulsås, 1999).
From the late 1800s, an attempt was made to assimilate the Sámi into the national state’s
majority culture. In historical representations of the nation state, Sámi were as a rule
excluded, and to the extent that they were discussed, they were seen as a culturally isolated,
primitive and alien group from the east. Until the 1980s, the Sámi were rarely perceived as a
distinct, indigenous people, with their own political rights; rather, they were seen as Sámi-
speaking Norwegians.
During the 1970s, however, a broad international research-based understanding of ethnicity
began to be widely accepted. It stressed the role of mobility, contact and interaction in
maintaining ethnic group identity, with cultural functions playing an important role, and
highlighted the reality that there can be continuity in ethnic boundaries even when these
cultural factors and other markers that signal such boundaries change. These social
boundaries often have a territorial counterpart (Barth, 1969). This analytical approach
resulted in the emergence of a broader political understanding of the Sámi as a separate
ethnic group with its own deep historical roots.
The Sámi are thus not a minority as a result of their own migration or overseas colonisation.
Instead, new settlements in the traditional Sámi areas came about by increasing immigration
of various population groups that established farming and fishing villages for commerce from
the thirteenth and fourteenth centuries onwards. The territorial borders between these groups
became more fragmented, and the interest of the emerging, modern state in these areas
increased. Colonisation and increasing trade dominance facilitated royal control over these
territories (Hansen & Olsen, 2004). From the late 1500s, central parts of the Sámi territory
(Finnmark) were subject to tax collection from the kings of Denmark-Norway, Sweden-
Finland and Russia (Pedersen, 1994). Thus there have been degrees of territorial
intertwining of ethnic groups in Northern Fennoscandia over several hundred years, where
territorial control has been linked to the way in which resources have been exploited and the
form that trade contracts have had.
The Sámi’s economic basis, resting on a combination of hunting, trapping and fishing, and
later reindeer husbandry and some agriculture, has meant an extensive use of large areas of
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land. The Sámi have never been numerous, and the assimilation policies they faced led in
some areas to a significant decrease in the number perceiving themselves as Sámi. The
traditional Sámi area, where reindeer husbandry is currently practised as the only exclusively
culture-specific Sámi industry, extends across much of Northern Fennoscandia.4
There are no recent, individual-based statistics on how many Sámi there are, and it is difficult
to carry out such assessments for both ethical and practical reasons. For the northernmost
areas of Norway, Sweden and Finland, the last surveys of Sámi affiliation were carried out
during the 1960s and early 1970s. There are several sources of error in these, but it is
believed that today there are between 50,000 and 100,000 Sámi, more than half of them
living in Norway (Pettersen, 2007; 2011; Berg-Nordlie, 2015). The Sámi are considered to
constitute a majority of the population, or a very large minority, in the five municipalities of
Kautokeino, Karasjok, Tana, Nesseby and Porsanger in Finnmark county, which are
therefore often seen as the core of the traditional Sámi territory (Selle et al., 2015). In recent
decades there have been large-scale demographic changes, with substantial emigration from
the strongest areas of Sámi settlement to the central areas of the region and the cities of the
north and south (Pettersen, 2011; Severeide, 2012). During the period from 1990 to 2010,
there has been a population decline of 16 per cent in the Sámi core areas—a striking figure
for a period during which Norway experienced a population growth of 15 per cent. An
urbanisation of the Sámi population is taking place, in combination with a significant ageing
of the population in the central areas of Sámi settlement. Although the demographic situation
is more positive in the two Sámi municipalities in which the Sámi are in a clear majority,
Karasjok and Kautokeino, these demographic changes are a great challenge for the overall
Sámi governing system (for discussion of the implications, see Selle, Semb, Strømsnes &
Nordø, 2015).
The Sámediggi
In 1989, the first direct election was held to a new institution in Norway, the Sámediggi. This
body was established by the Storting through the Act concerning the Sameting [the Sámi
Parliament] and other Sámi legal matters (The Sámi Act) in 1987, and through Section 110a
of the Constitution of the Kingdom of Norway in 1988.5 Since then, elections to the
Sámediggi have been held every fourth year, coinciding with elections to the Storting. The
establishment of the Sámediggi can be understood as a means of meeting three
simultaneous and partially overlapping challenges: first, to recognise the Sámi’s historical
presence as a separate ethnic group or people; second, to counteract the effects of a 150-
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year-long assimilation policy; and, third, to channel a potentially disruptive form of
ethnopolitical mobilisation into conventional activity within the Norwegian political system.
The Sámediggi is given an ambiguous role as an authority. In the Norwegian Sámi Act, a
duality was built into what the Sámediggi should be and how it derives its legitimacy. The
Sámediggi is at one and the same time a government executive agency and an independent
political body that is a policy maker and prime mover vis-à-vis the state (Odelsting
proposition no. 33 (1986-87), pp. 55 and 68). It derives its legitimacy from the law (the
constitution, the Norwegian Sámi Act, sectoral laws and international law) and from the Sámi
people through elections. Legitimacy through law is a hallmark of a state based on the rule of
law, but comes through political processes. That is why the Sámediggi indirectly also derives
its legitimacy from Norwegians and Norwegian society. The Sámediggi’s political impact
depends upon a high degree of credibility and support in Sámi as well as in Norwegian
society. The Sámi Act actually says nothing about the role of the Sámediggi in the governing
system, other than that it is nationwide, that it is elected by Sámi, and that its work extends
over all issues that it perceives as particularly affecting the Sámi. In this lies the inherent high
degree of dynamism in the development of the Sámediggi. Its role has been evolving against
the background of two tensions: between being a public authority and a democratically
elected policy maker, and between representing the Sámi people and being respected by
Norwegians.
With the establishment of the Sámediggi, Sámi ethnic mobilisation, against a background of
almost 150 years of government assimilation policy, was given a channel of contact with
government authorities—a channel established under pressure from the Sámi movement.
The emergence of the Sámediggi system created a new Sámi public space that over time
changed relations internally within Sámi society, and between Sámi and the state (Bjerkli &
Selle, 2015). In the rest of this section we consider four aspects of the Sámediggi: its political
background, its composition, its powers, and its place in the Norwegian system of multi-level
governance.
Political Background
The Norwegian Sámi Association (NSR), dating from the late 1960s, has played a crucial
role in the emergence of the new Sámi public space. The Sámi cultural and political
mobilisation of which it was a part occurred at a time of a gradual softening of the
government’s assimilation policy, the establishment of individual Sámi institutions, the
emergence of the welfare state and welfare society, and the appearance of a highly
educated younger generation who asked new questions with respect to existing policies and
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transformed the old organisational network. Overall, this provided a basis for a Sámi
resource mobilisation for cultural recognition and equality in a society that many Sámi
experienced as excluding them from participation and community (Oberschall, 1973). Sámi
identity was used to develop new positions and organisational patterns.
Recognition of the right to the Sámi’s traditional land and resource areas, and access to
these, were central to NSR’s efforts from the start. The Norwegian authorities’ plans from the
beginning of the 1970s for a large-scale hydroelectric development at the Alta-Kautokeino
watercourse, which runs through the core Sámi areas, offered a clear target for Sámi
mobilisation.6 Extensive and long-term protest against the decisions of the government and
the Storting in the period 1979-81, including hunger strike, occupation of the prime ministers’
office and blockade of construction site, makes this mobilisation, in which the use of police
force is unparalleled in peace-time in Norway, into one of the most extensive and important
civil disobedience events in Norway after WW2 (Strømsnes & Selle, 2014). This protest
highlighted the national and international consequences of the policies the state had
practised vis-à-vis the Sámi (Minde, 2003). Mobilisation and the spread of the Sámi
ethnopolitical movement occurred largely due to a sharp conflict with the state related to the
use of land and resources. This conflict raised the question of how the Sámi themselves
would relate to the state, as much as how the state would deal with the Sámi.
A split eventually occurred within NSR between those who wanted a form of directly elected
representative body for the Sámi and those more loyal to the government authorities, who
believed in pursuing interest representation on an equal basis with other citizens and
organisations within the established state system. Dissidents from NSR formed the
Norwegian Saami Association (SLF) in 1979 with the aim of ‘working according to the
Norwegian Constitution’s principles and showing respect and esteem for the King and his
government, the Storting and other public authorities in a democratic way’. The most
important objective for this group was to achieve the protection and development of the Sámi
language and culture in the context of society’s overall development (Stordahl, 1982).
This division was not one between supporters of Sámi territorial autonomy and those who
wanted to continue Sámi assimilation into the majority culture. Far from representing
completely different paths, these disagreements reflected alternative visions of the role of the
Sámi within the Norwegian social and political systems, and on the centrality of Sámi
ethnicity as a prerequisite to public participation. NSR was significantly more concerned with
securing Sámi collective land and resource rights than the breakaway SLF. NSR was also
increasingly outspoken about Sámi identity and political, cultural and economic rights. SLF,
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by contrast, focused more on the individual rights and interests of the Sámi population,
especially in the areas of language and education, which it sought to defend through
traditional organisational and institutional channels (Falch & Selle, 2015).
NSR thus accommodates an understanding of the Sámi movement as something more than
an ordinary interest organisation. It signals new organisational strategies for strengthening
the Sámi as an ethnic group, emphasising Sámi connection to the land and resources. The
importance of having a Sámi representative body became increasingly central to the
organisation’s work. When tensions over the Alta-Kautokeino hydroelectic case were at their
height, NSR’s key demand was for an investigation into the possibility of a separate Sámi
representative body.7
For the government authorities, the conflict over the Alta-Kautokeino development forcefully
illustrated the loss of state control over the Sámi political arena; the electoral channel and
civil society organisations had failed to absorb the ethnopolitical dimension. For the state, an
acute need to integrate the Sámi movement arose. The Alta-Kautokeino case simultaneously
concerned the defining land rights interest of the Sámi movement and the securing of
economic development as one of the state’s core tasks (Falch & Selle, 2015). The conflict
level was so high and the parties’ mutual dependence so great that it forced the two sides to
come to an understanding on mechanisms for communication and interaction (Dryzek et al.,
2003). In keeping with classic Norwegian corporatism, a public committee—the Sámi Rights
Committee—was quickly established to study land rights and to explore the case for a Sámi
elected body. The Sámi Rights Committee’s first recommendation was made in 1984 and
suggested the creation of a directly elected representative body for the Sámi in Norway.8
When this proposal was translated into law in 1987-88, one of the most contentious and
enduring cases of political mobilisation in post-war Norway came to an end. In a very short
time the relationship between the Sámi and the state, and between Sámi and Norwegians,
changed in a fundamental way (Strømsnes & Selle, 2014).
Election and organisation
The Sámediggi is elected every four years, at the same time as Storting elections, by Sámi
who have registered in the Sámediggi electoral roll (unlike voting in Storting, county council
and municipal council elections, where registration is automatic). To qualify for inclusion in
the Sámediggi electoral roll, criteria related to self-identification and language use must be
met: each applicant must both declare self-identification as Sámi and have an objective link
with the Sámi community (by speaking Sámi as a domestic language, having a parent,
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grandparent or great-grandparent who did so, or having a parent who is or has been
registered in the Sámediggi’s electoral roll).9
The Sámediggi electorate has increased from 5,500 in 1989 to 15,000 in 2013.
Notwithstanding this increase, the electorate is still well below half of what is assumed to be
the number of Sámi over 18 years of age in Norway. Turnout at elections to the Sámediggi is
lower than for elections to the Storting, but higher than for county council and municipal
elections. At the 2013 elections, the turnout amounted to 66.9 per cent, a relatively low
number in a system where there is self-registration.10 The fact that the number on the
electoral roll has increased more than the number of votes cast suggests that the Sámediggi
not only has a political role, but also a cultural function as a marker of Sámi identity and
ethnicity.
Strictly speaking, ‘Sámediggi’ is a collective term for a political and administrative system.
The Sámediggi’s activities are organised according to parliamentary principles, so that today
it is made up of two bodies—the Plenary Assembly and the Council. The main body of the
Sámediggi is the elected Plenary Assembly. This consists of 39 representatives elected from
seven electoral districts which together cover the entire country, with numbers of seats
depending on the size of the electoral roll in the constituency. Its work is coordinated by a
plenary leadership that is responsible for planning and organising the work of the Plenary
Assembly. Three specialist committees (on planning and finance, on growth, care and
education, and on industry and culture) make recommendations to the Plenary Assembly on
matters referred to them. An election committee submits nominations for elections for the
plenary leadership and committees. A control committee exercises parliamentary and
governing control, and submits proposals to the Plenary Assembly in such cases. The
Sámediggi Council is a separate body and represents the executive authority of the
Sámediggi—it is the Sámediggi’s ‘government’, and consists of the president and at least
four council members appointed from among the elected representatives in the Plenary
Assembly. This body is not statutory, but was established according to the ground rules the
Sámediggi has itself adopted.11
The Sámediggi is today an organisation with seven full-time politicians, including the Council
and the Plenary Assembly leadership, in addition to group leaders for the largest plenary
groups who have the financing to work full time. The administration consists of about 150
employees in seven specialist divisions and a staff for the Plenary Assembly. It is organised
in such a way that policy and administration are integrated. The administration has a
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decentralised structure with offices in several places in traditional Sámi residence areas, and
its main office and parliament building in the Sámi core area of Karasjok municipality.
The Sámediggi’s overall budget in 2015 amounted to NOK425m (about USD57m) assigned
as outline budgets from seven ministries. Even if the total national allocation for Sámi
purposes has been rather stable over the last 10-15 years, the Sámediggi’s share of the
allocation for Sámi purposes has increased,. Today, about half of the allocations for Sámi
purposes go through the Sámediggi system. The increase in the Sámediggi’s budget arises
substantially from transfers to the Sámediggi of schemes that the state previously managed.
The Sámediggi therefore largely continues earlier schemes established without its
participation (Fjellheim, 2008), but it can still put its stamp on such schemes.
Self-governance
There has been a significant expansion of the tasks assigned to the Sámediggi since it was
established in 1989. Grant and funding responsibilities were for the most part transferred to it
in two stages. The first round of transfers was in 1993, when the Sámediggi took over Sámi
language funds for municipalities and county councils in the area of Sámi language
management. In 1993, the Sámediggi was also given authority over the financial subsidies
for children’s upbringing and education in the Sámi language. Moreover, the Sámediggi took
over the Norwegian Cultural Council’s reserves for Sámi culture, as well as grants for Sámi
publishing operations, artists’ organisations and artists’ centres. The second round was in
2002, when the Sámediggi took over the management of schemes for artists’ stipends,
exhibition fees, Sámi museums, heritage sites, municipal bookmobiles and Sámi theatre and
festivals. In the same year, it also took over Sámi toponymy services. Aside from the transfer
of funding responsibilities, the Sámediggi has acquired direct responsibility in certain areas.
For example, when it relocated to the new Sámediggi building in 2000, it took responsibility
for a special Sámi library which also became the Sámediggi’s administration library.
The Sámediggi may have found the transfer of tasks and financial grants management a
double-edged sword. On one side, it has made the Sámediggi more relevant and central in
the Sámi public space. On the other, the Sámediggi has felt its legitimacy being put to the
test. This is because, first, the Sámediggi has no influence over the size of the budget that it
administers. Second, Sámi institutions and organisations which previously received grants
directly from the national budget and from ministries have seen their budgets stagnate
relative to comparable Norwegian institutions, and have blamed the Sámediggi for this. The
Sámediggi itself is blaming the ministries for not allocating enough money, but important
parts of the Sámi electorate and many Sámi institutions see this as an expression of
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Sámediggi’s lack of strength, putting pressure on its legitimacy. Third, the Sámediggi’s
administrative capacity is largely tied up in financial and grant management, rather than
leaving space for professional political development, weakening its policy role (Selle, 2011).
For this reason, the Sámediggi has been more reluctant since 2002 to take responsibility for
previously established schemes in the Sámi domain (Fjellheim, 2008; Falch & Selle, 2015).
The financial support schemes that the Sámediggi manages have in varying degrees a
territorially and individually based impact. The Sámediggi itself has adopted a business
grants scheme that includes 21 entire municipalities and parts of 10 more. Its scope and
extent has been gradually extended in recent years. In the cultural area, there are no
territorial or individually based ethnic criteria for grants, which are given in a discretionary
manner to projects understood as part of Sámi culture. For operational grants to practitioners
of duodji (Sámi traditional crafts), there is a requirement that the applicant meet the criteria
for registration in the Sámediggi’s electoral roll.
Aside from taking over funding and grants responsibility for Sámi purposes, the Sámediggi
has also in some respects been given the authority to administer legislation. In 1994 it
assumed responsibility for Sámi cultural heritage management which, however, is delegated
by regulation and not transferred to the Sámediggi by law. In practice, this means that the
Sámediggi in its cultural heritage management is responsible to the ministry. In principle this
authority is non-territorial, since the Sámediggi manages Sámi cultural heritage no matter
where it is found in Norway. In practice, however, it is limited to the territories in which the
Sámi currently practice reindeer husbandry and historically have exploited other resources.
A major strengthening of Sámi power and authority occurred in 2005 when the Storting
adopted a new law on legal matters and management of land and resources in the county of
Finnmark (the Finnmark Act). The law changed the framework conditions for indigenous
influence and implied recognition of accrued Sámi rights to land and resources. It established
a landowning body called the Finnmark Estate, a commission for mapping land rights and a
court for ruling on disputes concerning the commission’s reports. The Act, the content of
which was largely determined by Sámi activism, was adopted after consultations between
the Sámediggi and the Storting’s Standing Committee on Justice (Hernes, 2008).
The Finnmark Estate, has extensive decision making power over land and resources; its
board comprises three representatives of the Sámediggi and three of Finnmark County
Council. Legally, it is a private law body that protects Sámi ownership of land in Finnmark;
politically, it is a governing agency that exercises a form of shared rule between the minority
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group of Sámis and Norwegians over a defined territory. It is a unique body that results from
an attempt to recognise Sámi culture’s territorial dimension without discriminating against
other ethnic populations living in the area. Even so, the Finnmark Estate has been criticised
locally and at the county level, as has the Sámediggi, and people’s general trust in these
institutions is still rather low (Josefsen, Selle & Søreng 2015). Even so, these institutions
have a legitimate position at the various politic-administrative levels. Both institutions operate
in very complex surroundings and face significant challenges (Selle et al., 2015).
Management of land and resource rights entails far more than questions relating to
ownership and usage rights. Public authorities have considerable capacity to regulate the
use of areas that are privately owned through the Planning and Building Act and a series of
special laws. Since the entry into force of the new planning provisions of the Planning and
Building Act in 2009, the Sámediggi has the authority to raise objections to all land use plans
and regional plans and, if its concerns about the impact on Sámi culture or commercial
activity are not adequately addressed, to refer these to the ministry.12 This entails large
capacity challenges. An objection means that land use plans will not be approved before an
agreement is reached or the matter is finally decided in the ministry. The preamble to the Act
defines the Sámediggi’s authority as extending over the traditional Sámi area, which is
specifically described and corresponds to the reindeer grazing area. The new Minerals Act of
2010 has provisions requiring evaluation and weighting with respect to Sámi culture,
commercial activity and social life in respect of mineral activities. These provisions, however,
have a territorial limitation restricted to Finnmark county. This does not cover all of the
traditional Sámi area, as, for example, the Planning and Building Act does, and is one of the
reasons that the Sámediggi did not give its consent to this Act (Falch & Selle, 2015).13
The Sámediggi’s mandate under the Sámi Act’s language rules is to work for the protection
and development of the various Sámi languages (see note 1). Specifically, this involves
determining terminology and implementing measures to strengthen Sámi language. In 2015
the Sámediggi had financial instruments totalling NOK79m (about USD11m) dedicated to
measures aiming to strengthen the language. According to the Sámi Act, Sámi and
Norwegian are languages of equal worth and status, but the Act specifically limits this to an
administrative district which currently represents 10 municipalities.
In 1998, the Sámediggi was also given authority by the Act on Education to issue regulations
on curricula for training in the Sámi language in primary and both lower and upper secondary
schools, as well as in special Sámi subjects, such as duodji (traditional crafts) and reindeer
husbandry in upper secondary school training. In subjects such as history and social studies,
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the Sámediggi may only prepare draft curricula in collaboration with the ministry, and it is the
ministry that approves them. Within the Sámi language administrative area, everyone has a
right to learn the language and to train in it. In these areas there are therefore both schools
and classes that carry out all teaching in Sámi, and schools and classes that implement all
teaching in Norwegian. All children have the right to learn the Sámi language, no matter
where their residence or how few the number of children requiring it, but for Sámi to be used
as a general teaching language outside the Sámi administrative area, more than ten pupils in
a municipality must demand it. According to the Kindergarten Act (2005), municipalities in the
Sámi administrative area are responsible for providing a kindergarten programme in the
Sámi language and culture. However, this right depends also on an individual ethnic
criterion, since it is a requirement that the parents must qualify for registration on the
Sámediggi election roll.14
The right to operate reindeer husbandry is also linked to both a territorial and an individually
based ethnic criterion. The reindeer husbandry area is defined in the Reindeer Herding Act
and covers about 40 per cent of Norway’s land area.15 Although reindeer herding is the only
exclusively culture specific Sámi industry, the Sámediggi has no direct authority over it, a
significant and surprising restriction on its power, deriving from reluctance on the part of the
Sami organization of reindeer holders to permit it.
Multi-level governance
The extension of the Sámediggi’s sphere of operations since its establishment in 1989 is one
matter; the development of the Sámediggi’s role in government decisions that may affect the
Sámi is quite another. The big change in the Sámediggi’s role in this respect came in 2005,
with the signing of an agreement on procedures for consultation between the government
authorities and the Sámediggi, procedures that were also adopted by royal decree. The
establishment of the consultation scheme has given the Sámediggi significantly greater
influence and increased responsibility in negotiating laws and measures that are of
importance for the Sámi community. The consultation procedures set the ground rules for
how the Government authorities and the Sámediggi communicate and seek to reach
consensus on decisions that may directly affect the Sámi.16 They placed the Sámediggi in an
entirely new and more clearly defined position in relation to the state, with participation in
political decision making now formalised. Although such schemes do not always work as
intended (see next section) and the state at times may assert its authority, the Sámediggi is
no longer a body with only an advisory function, or an interest group, but a fully informed
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formal participant in public decision-making processes. This has established a completely
new framework for the relationship between the state and the Sámediggi.
The formal purpose of the consultation procedures is to comply with obligations under
international law; in practice, it is to clarify the rules for how interests should be protected and
the role of the government and the Sámediggi in this. The consultations are intended to take
place in good faith with a view to achieving agreement or consent. This implies, among other
things, that mutual respect must be shown for other parties’ interests, values and needs. The
Sámediggi is therefore entitled to have a real opportunity to influence both the process and
the outcome of matters on which there is consultation.17 The obligation to consult applies to
matters that may directly affect the Sámi, entailing clarification of the probable impact of a
law or measure. It is largely up to the Sámediggi to decide what matters require such
consultation.18 Most forms of general cultural expression (including language) and material
interests (including land, resources, area planning and environment) fall within the scope of
the procedures. Consultations can be understood as a form of shared rule or multi-level
governance designed to achieve agreement between the Sámediggi and government
authorities before decisions that affect the Sámi are made. They also have a clear territorial
dimension, since many of the consultations involve questions about the territorial scope of
the various schemes. This applies to all resource legislation, but also to measures for
economic development, cultural institutions, language strengthening and training.
Sámi Authority and the Capacity to Resolve Ethnonat ional Tensions
For the Sámi, as for other indigenous peoples, territorial affiliation has a very prominent
cultural function, independently of established state borders. Indigenous people’s culture is
based on the use of land and resources, and rights in these areas have to varying extents
gradually been recognised by the states of which the indigenous peoples are part. This has
been linked to a strong degree of internationalisation of questions linked to indigenous
peoples’ rights. Modern ethnopolitical development relating to indigenous peoples is
therefore in large measure driven forward by developments in international law. Thus, when
one analyses the ways in which indigenous authority may be expressed, this must be set in
an international legal context that emphasises the principle of indigenous peoples’ right to
self-determination and the states obligation to consult indigenous peoples concerned.
Consultations should happen through the indigenous people’s representative institutions in
order to obtain their free, prior and informed consent before adoption and implementation of
legislative and administrative measures that may affect them.19
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Territorial integrity, understood as the capacity for separate statehood, is not necessarily the
guiding premise of the international legal concept of a people. There is nevertheless little
doubt that states are wary of advocating self-determination for indigenous peoples precisely
because for many states this raises the spectre of secession. Norway and Sweden’s voting
statement in the UN General Assembly’s adoption of the Declaration on the Rights of
Indigenous Peoples in 2007 affirming the State’s territorial integrity must clearly be
understood in this context.20 The Government of Norway’s perception of self-determination
as a threat to the state’s territorial integrity provoked a strong reaction from the Sámediggi’s
politicians, with Sámediggi president Egil Olli (2007-2013) alleging in 2010 that Norway’s
voting statement in respect of the UN declaration had the effect of impeding real discussion
with government authorities on the content of the right to self-determination.21
Both the experience of developing Sámi politics in Norway and corresponding international
legal norms in respect of the rights of indigenous peoples suggest that indigenous power
may have a content that does not necessarily entail a clear territorial dimension, but more of
a focus on political integration. Former Sámediggi president Sven-Roald Nystø (1997-2005)
commented in 2002 that ‘When the Sámediggi wants to negotiate with Government
authorities over future measures for the Sámi, we won’t negotiate ourselves out of Norway,
but on the contrary, into Norway. Into the country’s governance, so that we can take more
responsibility for our own future and future Sámi generations’.22
Two main dimensions, then, appear to be important in understanding the character of
indigenous power: the right to self-governance in matters relating to local or internal affairs,
and the right to political integration through negotiations or consultations that seek
consensus on decisions and measures between the state and the indigenous people (Falch
& Selle, 2015; Vars, 2009; Broderstad, 2008). Many will see these two dimensions as
extremes of a single dimension, so if there is more of one there will be less of the other.
Much of the international literature on the indigenous question is influenced by such a view
(Selle et al., 2015).
We believe, however, that it is indeed possible to distinguish two such dimensions. The
relationship between them is pivotal: the values of both variables may increase or decrease
simultaneously. The modalities of the exercise of self-determination are the outcome of
negotiations or consultations between the government and indigenous peoples, and need not
take the form only of territorial autonomy. This would confine self-governance to states, in the
form of federal governance systems, or to territorial areas where indigenous people are
predominant,23 and this is neither in line with a modern understanding of the concept of
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ethnicity or in compliance with international legal developments with respect to the rights of
indigenous peoples (Falch & Selle, 2015).
The two dimensions of self-governance and political integration in the model for indigenous
authority that is presented here (see Figure 1) correspond broadly with the dimensions of
self-governance and multi-level governance upon which there is great emphasis in
international research on regionalisation (Zürn, Wälti & Enderlein, 2010). Unlike our model
for indigenous authority, these studies assume a pervasive defined territory which includes
all citizens (Hooghe & Marks, 2010; Hooghe, Marks & Schakel, 2010).24
Indigenous authority is of a peculiar character and is based on premises that are not part of
what we commonly understand by regionalisation. The model for indigenous authority that is
presented here does not have territoriality as an overarching premise, though it is fully
compatible with forms of authority that have clear territorial traits. The exercise of autonomy
may be linked to specific subject areas; it may, but need not, have a territorial scope; and this
may vary depending on the subject matter. Self-determination, as an international legal
standard for indigenous authority, does not assume territorial autonomy for the indigenous
peoples concerned; but it nevertheless entails that the territorial dimension for indigenous
people be respected and protected by states. By linking self-determination with the
dimensions of political integration (consultations or multi-level governance) and self-
governance, we derive a general model of indigenous authority where specific self-governed
administrative areas have varying territorial scope, with varying elements of individual-based
ethnic criteria and rights regimes. The autonomy tasks performed simultaneously connect to
relational political integration processes with government authorities in the form of
consultations or negotiations.
[Figure 1 about here]
The model for indigenous authority in Figure 1 presents four ideal-typical situations based on
cross-classifying the two dimensions discussed here. In reality, there will be gradual
transitions and empirically mixed forms both when looking at the total picture and within
various administrative and social areas, and there will be change over time. It will not
necessarily be the case that there must be self-governance within all areas in which there is
consultation for this to be seen as corresponding to the ‘self-determination’ ideal type. Here it
is reasonable to look at the overall picture, where the space for indigenous policies will be
different, but not necessarily more extensive, in a federal state than in a unitary state (Smith,
2010, Falch & Selle 2015). The four ideal types are as follows:
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• Self-determination is the hallmark of a situation with a high degree of self-governance in
matters of great importance to the indigenous community, while there is simultaneously a
large degree of consultation with respect to laws, financial constraints and measures that
contribute to political integration.
• Territorial autonomy occurs when indigenous people have a relatively high degree of self-
governance and a rather low degree of political integration by means of consultations,
even if there must be interaction and meetings with the state in many areas. This is the
ideal type that lies nearest to the conservative understanding of the right to self-
determination, and is linked to decolonisation situations or ‘islands’ clearly distinct from
the governing power, such as we see, for example, in Greenland’s self-governing
authority. This is also the category that most states fear in the debate on self-
determination for indigenous peoples.
• Corporatism is the outcome where there is a low degree of self-governance and a high
degree of political integration by means of interest participation. This type of situation
largely resembles a corporative structure, where NGOs are actors for input to public
authorities and to some degree for implementation of public policy. This is a governance
structure that has been prevalent in the Nordic countries.
• Cooptation is characterised by a high degree of state domination and control, at the
expense of social movements and interest organisations. State delegation of public
authority is modified by strong oversight and control, combined with an absence of
interaction processes in respect of overall decisions, quickly amounting to cooptation.
In all these ideal-typical categories, one can see the schemes involving indigenous peoples
as more or less having a territorial scope; the question is the extent to which indigenous
people themselves participate in designing and operating these schemes. To the extent that
the Sámediggi is directly elected and chooses the executive body—the Sámediggi Council—
it has a high degree of formal independence from state authorities. It is still unclear to what
extent the Sámediggi is independent of the government in practice, since the tasks that have
been transferred to it entail varying degrees of formal government involvement. The law does
not prescribe the Sámediggi as independent of the Government, or as a legal entity separate
from the state.25
The Sámediggi is drawn from among Sámi throughout the country who have registered in the
electoral roll according to an objective and a subjective criterion. Thus, it is a non-territorial
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authority and by means of consultations with government authorities participates in a form of
multi-level governance without necessarily exercising authority itself in all areas in which it is
consulted. At the same time, the consultations also have a territorial character both in that
the geographical efficacy of laws and measures govern whether it shall be consulted, and in
that consultations often comprise geographically-oriented measures. The Sámediggi has in
recent years participated in and gained influence over a number of political processes
relating to legislation and administration (Falch & Selle 2015). The consultation procedures
are still not enshrined in law, and a proposal to do so from the Committee on Sámi Rights in
2007 has not yet been implemented. In addition to the consultation procedures, regular
meetings were established between the Sámediggi and various sectoral ministers.
The pattern of Sámi politics in Norway seems to have evolved with little overall discussion of
how territoriality and ethnicity are handled and balanced. Solutions and schemes seem
largely to have developed in an ad-hoc way (Selle, 2011). Today there are five different
territorial areas of operation. The area with the largest spread is in the field of reindeer
management, and consultations on matters relating to material cultural foundations, heritage
sites and authority in land-use planning (it covers 40 per cent of Norway’s land area). The
second territorial area is related to business subsidy schemes (30 municipalities). The third
relates to decisions under fisheries legislation about the right to fish in respect of the smallest
vessels (Finnmark, and the Sámediggi’s area for business subsidies outside Finnmark). The
fourth area relates to land and resource rights and decisions relating to considerations in
minerals legislation (96% of the land area in Finnmark). The fifth and smallest area relates to
language, kindergarten, educational and training rights and schemes (10 municipalities). This
layered territorial approach to the Sámi exercise of authority is further modified by the fact
that at some levels there is also an individual-based ethnic approach (such as the right to
own reindeer, and the right to use the Sámi language in kindergarten).
The Sámediggi’s decision-making authority in some fields of importance for Sámi culture and
society can be understood as forms of self-governance (autonomy), but these exercises of
executive authority have largely accrued to the Sámediggi in the period before the
consultation agreement was signed. For several of these schemes, the Sámediggi is not the
formal final decision-maker, since the decisions may be appealed to government authorities
(Plan and Building Act, Cultural Heritage Act), or the Sámediggi is only an authority which
makes recommendations (cultural heritage, Education Act). In addition, there are central
Sámi areas of interest, such as reindeer herding and supervision of compliance with
language rules, which lie outside the Sámediggi’s decision making jurisdiction.
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Concurrency in institutional autonomy, decision-making authority in some areas of society
and consultations on legislation and administrative measures can be offered as evidence that
the Sámi authority falls into the ‘self-determination’ ideal type. This is supported by the fact
that there are few clear indications of a direct cooptation of the Sámediggi in Norway in the
national political system, differentiating the Norwegian experience sharply from the Swedish
(Falch & Selle, 2015; Lawrence & Mörkenstam, 2016).
There are nonetheless several problems with categorising Sámi authority in Norway as ‘self-
determination’. Political integration in the form of consultations about the economic basis of
Sámi politics is virtually non-existent, and it seems to be difficult for the Norwegian political
system accepting specific interests being part of general budgeting processes. Neither has
the Sámediggi any form of tax-varying power, so that in many areas it has less economic
freedom of action than the municipalities (Borge, 2010). Here we see the Sámediggi system
colliding with expectations of what is possible within a unitary state. Varying degrees of fiscal
autonomy are no rarity in federal systems with territorially defined autonomous schemes for
indigenous peoples, but in these systems there may be other mechanisms that restrict
indigenous influence (Selle et al., 2015; Smith, 2010).
Consultation processes that are characterised by the government authorities’ understanding
of the Sámediggi as an advisory body point in the direction of the Sámediggi as a corporative
institution. The Sámediggi has on occasion claimed that consultations have taken the form of
suggestions and views on the implementation of government positions that have already
been formed, and so have more the character of briefings and explanations than meaningful
discussion on choice of solutions.26 In the Storting’s consideration of a major constitutional
revision in 2014, where there was a proposal to amend constitutional provisions relating to
the Sámi, for example, the Sámediggi was not consulted. Given that much of the authority
that the Sámediggi exercises was transferred before consultation procedures were
established and may be subject to state management and control, the relationship between
the state and the Sámediggi clearly also has corporatist elements.
Today, the Sámediggi operates in a state of tension between self-determination and
corporatism. For both the state and the Sámediggi, a situation that favours corporatism in the
short term may be convenient. For the state, it is more legitimate within a corporate structure
not to achieve consensus through consultation, or to transfer decision-making authority to the
Sámediggi, while for the Sámediggi it is easier not to take responsibility for controversial
decisions or make lukewarm compromises vis-à-vis the Sámi community. The transition from
corporatism towards cooptation is, however, fluid, placing the Sámediggi in constant danger
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of losing its representative legitimacy. A Sámediggi without legitimacy within the Sámi
community will again weaken the state’s ethnopolitical governing efficacy. The development
of Sámi policy therefore entails a constant search for balance between state management
capacity and Sámi governance legitimacy and participative efficacy (Dahl & Tufte, 1973),
where an attempt is made to handle the territorial dimension without individual discrimination
on an ethnic basis. This makes Norwegian Sámi policy very demanding and complex, not
least because the Sámi are also full-fledged Norwegian citizens, having the same rights and
obligations as other Norwegian citizens, while at the same time they are strongly integrated
in Norwegian society and do not appear to be marginalised and segregated as is the
experience of many other indigenous peoples (Selle et al., 2015).
Conclusion
A development of indigenous authority without territorial considerations is not in compliance
with international legal developments, nor is it in accord with the developments that have
taken place in Sámi policy in Norway. The Sámi policy is on one side built around the
development of a Sámi parliament, which is not territorially based, but on the other side a
series of laws, measures and self-governance and cooperation schemes have been
developed that to varying extents have a territorial aspect, in some cases in combination with
individual-based ethnic criteria.
Non-territorial autonomy for minorities in independent states requires ethnic identification on
an individual basis, which in itself can be problematic and challenging.27 Territorial autonomy
for indigenous peoples requires clear regional majority areas of a certain size not to be found
in Norway. Using the experience of Norway, we have argued that it is quite possible to
develop self-determination schemes that are neither territorial nor non-territorial, but that rest
on a distinctive combination of autonomy and political integration. Our model of indigenous
authority implies that there is a representative body for the indigenous people, and that this
has an individual-based ethnic dimension. The schemes and measures for indigenous
peoples need on the contrary not to be individual based and ethnic oriented, but may have
varying territorial ambit.
In the long run, we believe that it will be difficult to develop a rights framework for the Sámi,
as a people, that primarily emphasizes individual rights. First, this approach, which we can
trace in the Sámediggi’s own policy paper on the Sámi language from 2012,28 will over time
detach the Sámi from traditional land and resource areas that have always been the defining
cultural element and a central characteristic of Sámi ethnicity, and where language, culture
and industry have been closely tied together. Second, major demographic change and
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urbanisation are likely to undermine the sense of community of the Sámi, broadening the gap
between culture and industry and reinforcing a trend in which the Sámi may move from the
category of being understood as a ‘people’ to becoming a ‘minority’, implying an entirely
different role and influence in society. Third, Sámi autonomy and authority is dependent on
an active and vigilant Sámi civil society, but this is not very strong nor particularly
differentiated and more and more of the activity is concentrated in and around the Samediggi
itself (Selle & Strømsnes, 2015).
Without a clear territorial dimension in Sámi ethnic policy, then, it is our opinion that it will be
almost impossible to develop an active and strong Sámi civil society. This may well result in
disintegration of the legitimacy and standing that the Sámediggi has in the political system in
Norway. The possibility that the state will incorporate and co-opt the Sámi will be significantly
greater in the context of these underlying changes.
Notes
1 In Norway there are four official Sámi languages, of which three are actively used. The different
languages are to a varying degrees under pressure.. All together there are ten different Sámi
languages in the four countries with a Sámi population (Todal, 2015).
2 ILO Convention No.169 is a legally binding international instrument, which deals specifically
with the rights of indigenous and tribal peoples. Today, it has been ratified by 20
countries. Norway was the first country which ratified the convention in 1990.
3. Kveeni are immigrants from areas which currently are part of Finland or lie in the border zones
between Sweden and Finland. They are defined by Norway as a national minority according to
the Council of Europe Framework Convention for the Protection of National Minorities and
Minority Language Charter.
4. In Norway and Sweden, reindeer husbandry may only be practised by Sámi, while in Finland
there is no such rule. As a result of Protocol 3 in the Affiliation Agreement with the EU, Finland
assumed the responsibility of strengthening Sámi reindeer husbandry.
5. See Recommendation no. 79 (1986-1987) to the Odelsting (The Sámi Act) and
Recommendation no. 147 (1987-1988) from the Standing Committee on Foreign Affairs
concerning recommendation for a new Section 82 in the Constitution, alternatively an
amendment of Section 98 or a new Section 110a (Sámi rights). In amendments to the
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Constitution carried out in 2014, the ‘Sámi paragraph’ was moved to Section 108
(Recommendation no. 187 (2013-2014) to the Storting).
6. The watershed is also one of the main rivers for the North Atlantic wild salmon, which meant an
alliance between the Sámi and conservationists who helped to provide extra support in the
conflict.
7 NOU 1984:18 Om samenes rettsstilling.
8 NOU 1984:18 Om samenes rettsstilling, p.18.
9. Sámi Act (1987), subsection 2-6, first paragraph.
10. Turnout for Sámediggi elections has declined in all three Scandinavian countries. At the first
election in Norway in 1989, the turnout rate was 77.8 per cent. In Sweden, the turnout has
declined from 71.7 per cent in 1993 to only 54.4 per cent in 2013. Since the census numbers
have increased in both countries, the number of votes cast has nonetheless increased in
successive elections. In Finland, the turnout was only 49.6 per cent at the last election in 2011,
and here it is also true that the number of votes cast has declined. These numbers suggest that
Sámi parliaments in all three countries are struggling with legitimacy challenges—greatest in
Finland and least in Norway (Berg-Nordlie, 2015; Josefsen, Mörkenstam & Saglie, 2015).
11. Sámediggi’s working plan. Ground rules last revised on 31 December 2009, Section 1:
‘Sámediggi’s highest body is the Sámediggi’s plenary. The Sámediggi chooses from and among
Sámediggi’s representatives a Sámediggi Council and plenary leadership. The Sámediggi
determines any other organisation in its business agenda.’
12. Planning and Building Act (2008), Subsections 5-4 and 8-4.
13. Odelsting proposition no. 43 (2008-2009) relating to the acquisition and extraction of mineral
resources (the Mineral Act).
14. Odelsting proposition no. 72 (2004-2005), Annotation to Section 8; Kindergarten Act (2005),
Sections 2, fourth paragraph and 8, third paragraph.
15. The Reindeer Herding Act (2007), Section 4, first paragraph states that ‘The Sámi population
has the right, based on immemorial usage, to practise reindeer husbandry within those parts of
the counties of Finnmark, Troms, Nordland, North-Trøndelag, South-Trøndelag and Hedmark
where Sámi reindeer herders of old have practised reindeer herding (the Sámi reindeer herding
district)’. According to Section 9 of the Act, only persons of Sámi ancestry with the right to brand
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reindeer have the right to own reindeer, while according to Section 32 only persons of Sámi
ancestry have the right to brand reindeer.
16. The basis of the established consultation procedures was prepared by an administrative
working group with three members from the ministry of local government and regional
development and two members from Sámediggi who submitted a report with assessments and
proposals for procedures in April 2005.
17. NOU 2007:13 Den nye sameretten. Utredning fra samerettsutvalget. See subsection 17.5.8.2.
18. Sámi Act (1989), Subsection 2-1, first paragraph, states that ‘The business of the Sámediggi is
any matter that in the view of the parliament particularly affects the Sámi people’.
19. See Falch & Selle, 2015, for a broader explanation and discussion of indigenous political rights
according to international law.
20. Norway’s voting statement says: ‘Norway considers that this declaration is to be understood
within the framework of the UN Declaration on principles of International Law concerning
Friendly Relations and cooperation among States in Accordance with the Charter of the United
Nations’. Sweden’s voting statement is even more to the point : ‘The right to self-determination
in Article 3 should not be construed as authorizing or encouraging any action which dismember
or impair, totally or in part, the territorial integrity or political unity of sovereign and independent
States’.
21. The Sámediggi president Egil Olli (2007-2013) emphasized this in his lecture ‘Law and
Justice—development of the Sámi community’ at the Norwegian Association of Lawyers
conference on Security under the law on 9 December 2010.
22. Sámediggi President Sven-Roald Nystø (1997-2005) said this about the right to self-
determination in the lecture ‘Sámediggi, democracy and governance’ held at the conference
‘Politics: Aspects of Power and Democracy’ in Tromsø on 3-5 October 2002.
23. The challenge of defining a territory that is inclusive, homogeneous and compact (see Coakley,
2016) is particularly great in the case of the Norwegian Sámi.
24. Regional studies by Hooghe, Marks & Schakel (2010) have sought to measure self-governance
and multi-level governance, providing a relevant basis for comparison among different periods
and different political systems. The indicators used in the regionalisation studies can be
adjusted to facilitate equivalent comparative studies of indigenous authority.
25. Report of the working group of the Ministry of Labour and Social Inclusion, the Ministry of
Justice and the Sámediggi, delivered 27 April 2007.
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26. The Sámediggi’s report on ILO Case 056/2013, and its report to ILO for the period from 1 June
2008 to 31 May 2013. See in particular subsection 4-11. See also Falch & Selle (2015) and
Broderstad, Hernes & Jenssen (2015) for a discussion of the extent to which the consultation
scheme has worked as intended.
27. See Coakley’s discussion in the introductory section about challenges related to the extent of
being inclusive, homogeneous and compact.
28. Report to the Sámediggi on the Sámi language (2012). See also Åhrén (2008).
References
Barth, F. (1969) Introduction, in: F. Barth (Ed.), Ethnic Groups and Boundaries: The Social
Organization of Cultural Difference pp. 9-37 (Oslo: Universitetsforlaget).
Berg-Nordlie, M. (2015) Representativitet i Sapmi. Fire stater, fire tilnærminger til inklusjon av
urfolk, in: B. Bjerkli and P. Selle (Eds), Den samepolitiske utviklingen pp. 388-418
(Oslo: Gyldendal Akademisk).
Bjerkli, B., and Selle, P. (Eds) (2015) Den samepolitiske utviklingen (Oslo: Gyldendal
Akademisk).
Borge, L.-E. (2010) Finansiering av Sametingets virksomhet, in: J.B. Henriksen (Ed.), Samisk
selvbestemmelse—Autonomi og økonomi, Sametingets myndighet og autonomi
innenfor helse og sosialsektoren, Gáldu Čála—Tidsskrift for urfolks rettigheter 2 (2010)
pp. 21-29.
Broderstad, E.G. (2008) The bridge-building role of political procedures—indigenous rights
and citizenship within and across the borders of the nation state. Doctoral dissertation
(Tromsø: University of Tromsø).
Broderstad, E.G., Hernes, H.-K. and Jenssen, S. (2015) Konsultasjoner—prinsipper og
gjennomføring, in: B. Bjerkli and P. Selle (Eds), Den samepolitiske utviklingen pp. 91-
121 (Oslo: Gyldendal Akademisk).
Falch, Selle and Strømsnes. ECPR, Montreal 2015. S29 – Indigenous Politics in Comparative Perspective
26
Coakley, J. (2016) Introduction: dispersed minorities and non-territorial autonomy,
Ethnopolitics, 15(1), pp. to be supplied .
Dahl, R.A. and Tufte, E.R. (1973) Size and Democracy (Stanford CA: Stanford University
Press).
Dryzek, J., Downes, D., Hunold, C., Schlosberg, D. and Hernes, H.-K. (2003) Green States
and Social Movements: Enviornmentalism in the United States, United Kingdom,
Germany and Norway (Oxford: Oxford University Press).
Falch, T. and Selle, P. (2015) Staten og Sametinget, in: B. Bjerkli and P. Selle (Eds), Den
samepolitiske utviklingen pp. 63-90 (Oslo: Gyldendal Akademisk).
Fjellheim, R. (2008) Selvbestemmelse og økonomi, in: J.B. Henriksen (Ed.), Sámisk
selvbestemmelse—Innhold og gjennomføring. Gáldu Čála—Tidsskrift for urfolks
rettigheter 2/2008 pp. 90-97.
Fulsås, N. (1999) Historie og nasjon: Ernst Sars og striden om norsk kultur (Oslo.
Universitetsforlaget).
Grendstad, G., Selle, P., Strømsnes, K. and Bortne, Ø. (2006) Unique Environmentalism: A
Comparative Perspective (Boston, MA: Springer).
Hansen, L.I. and Olsen, B. (2004) Samenes historie fram til 1750 (Oslo: Gyldendal
Akademiske Forlag).
Hernes, H.-K. (2008) Frå Stilla til Storm. En introduksjon om finnmarksloven in: H.-K. Hernes
and N. Oskal (eds.) Finnmarksloven (Oslo: Cappelen Akademisk Forlag).
Hooghe, L. and Marks, G. (2010) Types of multi-level governance, in: H. Enderlein, S. Wälti
and M. Zürn (Eds) Handbook on Multi-Level Governance pp. 17-31 (Cheltenham:
Edward Elgar Publishing Limited).
Hooghe, L., Marks, G. and Schakel, A.H. (2010) The Rise of Regional Authorithy: A
Comparative Study of 42 Democracies (1950-2006) (London: Routledge).
Josefsen, E., Mörkenstam, U. and Saglie, J. (2015) Different institutions within similar states:
the Norwegian and Swedish Sámediggis, Ethnopolitics 14(1), pp. 32-51.
Josefsen, E., Selle, P. and Søreng, S.U. (2015) Regional governance and indigenous rights
in Norway: the Finnmark Estate case, in: T. Herrmann and M. Thibault (Eds),
Indigenous Peoples Governance of Land and Protected Territories in the Artic (New
York: Springer), forthcoming.
Falch, Selle and Strømsnes. ECPR, Montreal 2015. S29 – Indigenous Politics in Comparative Perspective
27
Kuhnle, S. and Selle, P. (1990) Meeting needs in a welfare state: relations between
government and voluntary organizations in Norway, in: A. Ware and R.E. Goodin (Eds),
Needs and Welfare pp. 165-184 (London: Sage).
Kymlicka, W. (1995) Multicultural Citizenship. A Liberal Theory of Minority Rights (Oxford:
Oxford University Press).
Lawrence, R. and Mörkenstam, U. (2016) Indigenous self-determination through a
government agency: the impossible task of the Swedish Sámediggi, International
Journal on Minority Group Rights, 23, forthcoming.
Minde, H. (2003) Urfolksoffensiv, folkerettsfokus og styringskrise: Kampen for en ny
samepolitikk 1960-1990, in: B. Bjerkli and P. Selle (Eds), Samer, makt og demokrati.
Sametinget og den nye Samiske offentligheten pp. 87-123 (Oslo: Gyldendal
Akademisk).
Oberschall, A. (1973) Social Conflict and Social Movements (Englewood Cliffs, NJ: Prentice
Hall).
Paine, R. (2003) Identitetsfloke: Same—same. Om komplekse identitetsprossser I samiske
samfunn, in: B. Bjerkli and P. Selle (Eds) Samer, makt og demokrati. Sametinget og
den nye Samiske offentligheten pp. 291-317 (Oslo: Gyldendal Akademisk).
Pedersen, S. (1994) Bruken av land og vann i Finnmark inntil første verdenskrig, in: NOU
1994:21 Bruk av land og vann i Finnmark i historisk perspektiv. Bakgrunnsmateriale til
Samerettsutvalget.
Pettersen, T. (2007) Contemporary Sami demography—a ‘black hole’ in research and policy
making, in: L. Elenius and C. Karlson (Eds), Cross-Cultural Communication and Ethnic
Identities pp. 268-278 (Luleå: Luleå tekniska universitet).
Pettersen, T. (2011) Valgmanntallet og valgdeltakelsen 1989-2009: Grunnlag, utvikling og
hovedtendenser, in: E. Josefsen and J. Saglie (Eds), Sametingsvalg. Velgere, partier,
medier pp. 56-84 (Oslo: Abstrakt forlag).
Selle, P. (2011). Sametingets organisatoriske utfordringer. En vurdering (Karasjok:
Sametinget).
Selle, P. and Strømsnes, K. (2015) Sivilsamfunnet og Sametinget som ‘støvsuger’, in: B.
Bjerkli and P. Selle (Eds), Den samepolitiske utviklingen pp. 274-308 (Oslo: Gyldendal
Akademisk).
Falch, Selle and Strømsnes. ECPR, Montreal 2015. S29 – Indigenous Politics in Comparative Perspective
28
Selle, P., Semb, A.J., Strømsnes, K. and Nordø, Å.D. (2015) Den Samiske medborgeren
(Oslo: Cappelen Damm Akademisk).
Severeide, P.I. (2012) Stor befolkningsvekst, men hvordan fordeler den seg?, in: Samiske
tall forteller 5. Kommentert Samisk statistikk 2012, pp. 22-43 (Kautokeino: Sámi
allaskuvla).
Smith, K.C. (2010) The World in 2050. Four Forces Shaping the Civilization’s Northern
Future (New York: Dutton/Penguin).
Stordahl, V. (1982) Samer sier nei til Kongen. En analyse av Norske Samers Riksforbunds
utvikling og vilkår som etnopolitisk organisasjon. Master’s thesis (Tromsø: University of
Tromsø).
Strømsnes, K. and Selle, P. (2014) Aksjoner i det representative demokrati, in: H.M. Narud,
K. Keidar and T. Grønlie (Eds) Stortingets historie 1964-2014 pp. 479-504 (Bergen:
Fagbokforlaget).
Todal, Jon (2015) Forvaltningsområdet for samisk språk i tjue år. Kva rolle har
forvaltningsområdet spela i offentleg samisk språkplanlegging? in: B. Bjerkli and P.
Selle (Eds), Den samepolitiske utviklingen pp. 198-224 (Oslo: Gyldendal Akademisk).
Vars, L.S. (2009) The Sámi people´s right to self-determination. PhD-dissertation (Tromsø:
University of Tromsø).
Zürn, M., Wälti, S. and Enderlein, H. (2010) Introduction, in: H. Enderlein, S. Wälti and M.
Zürn (Eds) Handbook on Multi-Level Governance pp. 1-13 (Cheltenham. Edward Elgar
Publishing Limited).
Åhrén, M. (2008) Kultur og naturressurser, in: J.B. Henriksen (Ed.) Samisk
selvbestemmelse—Innhold og gjennomføring. Gáldu Čála—Tidsskrift for urfolks
rettigheter No. 2/2008 pp. 75-83.
Falch, Selle and Strømsnes. ECPR, Montreal 2015. S29 – Indigenous Politics in Comparative Perspective
29
Level of political integration (consultations)
High Low
Level of High Self-determination Territorial autonomy
self-governance Low Corporatism Cooptation
Figure 1. A model of indigenous authority