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Editors --- "Act Concerning the Sami Assembly and Other Sami Matters (The Sami Act) - Digest" [1996] AUIndigLawRpr 49; (1996) 1(2) Australian Indigenous Law Reporter 286

Act Concerning the Sami Assembly and Other Sami Matters (The Sami Act)

Act No. 56 of 12 June 1987

Passed by the Odelsting on 29 May 1987 and by the Lagting on 3 June 1987.

Proposed by the Royal Ministry of Justice and the Police.

Chapter 1. General provisions.

1-1. The purpose of the Act.

The purpose of the Act is to make it possible for the Sami people in Norway to safeguard and develop their language, culture and way of life.

1-2. The Sami Assembly.

The Sami people are to have their own Sami Assembly elected by and among the Sami population all over this country.

1-3. The annual report of the Sami Assembly.

The annual report of the Sami Assembly is to be sent to the King.

1-4. The financial liability of the State.

The particular expenses falling upon county municipalities and municipalities in connection with elections to the Sami Assembly are to be covered by the State.

The King may issue regulations concerning the way in which the provision of the first paragraph is to be put into effect.

1-5. The Sami language.

Sami and Norwegian are equal languages. They shall be languages with equal status pursuant to the provisions of Chapter 3.

Chapter 2. The Sami Assembly.

2-1. The business and powers of the Sami Assembly.

The business of the Sami Assembly is any matter which in the view of the Assembly particularly affects the Sami people.

The Sami Assembly may on its own initiative raise and pronounce an opinion on any matter coming within the scope of its business. It may also on its own initiative bring a matter before public authorities and private institutions, etc. The Sami Assembly has the power of decision when this follows from other provisions in the Act or is otherwise laid down.

2-2. Seeking the view of the Sami Assembly.

Other public bodies should give the Sami Assembly the opportunity to express an opinion before they make decisions on matters coming within the scope of the Sami Assembly.

2-3. Method of election, time of election and term of election.

Election to the Sami Assembly is by direct ballot.

Proportional representation is to be the method of election when more than one list of candidates is approved in a constituency. In other cases election is by majority vote.

Elections are to be held on the same day as elections to the Storting.

The Sami Assembly is elected for a term of four years. The term of office is reckoned from the first of October in the election year.

2-4. Constituencies and distribution of seats.

At elections to the Sami Assembly three members with alternates are to be elected from each of the following constituencies:

1. Varanger (Sør-Varanger, Nesseby, Vadsø, Vardø and Båtsfjord municipalities),

2. Tana (Tana, Berlevåg og Gamvik municipalities),

3. Karasjok (Karasjok municipality),

4. Kautokeino (Kautokeino municipality),

5. Porsanger (Porsanger, Lebesby, Nordkapp and Måsøy municipalities),

6. Alta/Kvalsund (Kvalsund, Hammerfest, Sørøysund, Alta, Hasvik and Loppa municipalities),

7. North Troms (Kvænangen, Nordreisa, Skjervøy, Kåfjord, Storfjord and Lyngen municipalities),

8. Mid Troms (Karlsøy, Tromsø, Balsfjord, Målselv, Bardu, Lenvik, Berg, [sic]

9. South Troms (Sørreisa, Dyrøy, Salangen, Lavangen, Gratangen, Skånland, Ibestad, Harstad, Bjarkøy and Kvæfjord municipalities),

10. Northern Nordland (Andøy, Øksnes, Bø, Sortland, Hadsel, Vågan, Flakstad, Moskenes, Værøy, Røst, Lødingen, Tjelsund, Evenes and Narvik municipalities),

11. Mid Nordland (Ballangen, Tysfjord, Hamarøt, Steigen, Sørfold, Bodø, Fauske, Skjerstad, Saltdal, Gildeskål, Beiarn and Meløy municipalities),

12. The South Sami area (the municipalities in the country of Nordland from and including Rana and Rødøy and southwards, the counties of North Trøndelag and South Trøndelag and the municipality of Engerdal in the county of Hedmark),

13. South Norway (the counties of Møre and Romsdal, Sogn og Fjordane, Hordaland, Rogaland, West Agder, East Agder, Telemark, Buskerud, Vestfold, Akershus, Østfold, Oppland, Hedmark (except Engerdal municipality) and Oslo.

All persons having the right to vote in municipal elections in the constituency and who on polling day are included in the Sami electoral register (cf [section] 2-6) have the right to vote at elections to the Sami Assembly.

2-6. Sami electoral register.

All persons who provide a declaration to the effect that they consider themselves to be Sami, and who either

a. have Sami as the language of the home, or

b. have or have had a parent or grandparent with Sami as the language of the home

2-7. Eligibility and right to propose candidates.

All persons who are included in the Sami electoral register in the constituency are entitled to stand for election to the Sami Assembly. Those standing for election must also be included in the population register as being resident in the constituency on polling day. Administrative staff of the Sami Assembly are not however entitled to stand for election.

All persons who are included in the Sami electoral register in the constituency have the right to propose candidates in the constituency. A proposal for a list of candidates must be signed by at least 15 Sami with the right of proposal.

2-8. Obligation to accept election and grounds for exemption.

All those who are entitled to stand for election to the Sami Assembly are under an obligation to accept election unless they are exempted in accordance with the rules contained in the second paragraph.

The right to claim exemption from election may be exercised by all those who

a. have reached the age of sixty by the end of the election year, or

b. have served as members of the Sami Assembly during the last four years, or

c. prove to the constituency Sami electoral board that they will not be able to fulfil their obligations as members of the Sami Assembly without undue difficulty.

Members of the Sami Assembly who are unable to fulfil the obligations of their office without undue difficulty may on application be relieved of their office by the Sami Assembly for a specified period of time, or for the rest of its term of office.

Members who lose the right to vote in accordance with [section] 53 of the Norwegian Constitution, or who join the administrative staff of the Sami Assembly, retire from the Sami Assembly for the rest of its term of office.

2-10. Electoral authority.

The Sami Assembly is the highest electoral authority at elections to the Sami Assembly.

2-11. Addition electoral provisions.

The King may issue additional provisions concerning elections to the Sami Assembly.

2-12. The administration of the Sami Assembly.

The Sami Assembly is to have its own administration. Administrative staff are to be appointed by the Sami Assembly.

2-13. Languages of negotiations.

At meetings of the Sami Assembly all persons have the right to speak Sami or Norwegian in accordance with their own wish.

2-14. Rules of procedure.

The Sami Assembly issues regulations concerning the summoning and order of business of the Sami Assembly.

Chapter 3. The Sami language.

3-1. Definitions.

In this chapter the following definitions shall apply:

1. The administrative area for the Sami language means the municipalities of Karasjok, Kautokeino, Nesseby, Porsanger, Tana and Kåfjord.

2. Public body means any state or municipal body.

3. Local public body in the administrative area means any municipal, county or state body serving an area which includes a municipality or a part of a municipality in the administrative area for the Sami language.

4. Regional public body in the administrative area means any county or state body serving an area which wholly
or partly includes several of the municipalities in the administrative area for the Sami language, but which
is nevertheless not nationwide.

Acts and Regulations of particular interest to the whole or parts of the Sami population shall be translated into Sami.

Announcements from public bodies which are particularly addressed to the whole or parts of the population in the administrative area shall be made in both Sami and Norwegian.

Forms for use with respect to a local or regional public body in the administrative area shall be available in both Sami and Norwegian. The King will issue more detailed rules concerning the implementation of this provision.

3-3. Right to reply in Sami.

Any person who contacts a local public body in the administrative area in Sami has a right to a reply in Sami. However this does not apply to oral approaches to public servants carrying out duties outside the office of the body concerned.

Any person who contacts a regional public body in the administrative area in writing in Sami has a right to a written reply in Sami. The King may in special cases make exemptions for particular regional public bodies.

3-4. Extended right to use Sami in the legal system.

To courts with jurisdictions which wholly or partly include the administrative area the following rules concerning the use of Sami additionally apply:

1. Any person has the right to submit processual writes [sic] with annexures, written evidence or other written submissions in Sami. If the court is to transmit the submission to an opposite party, it makes provision for translation into Norwegian. Translation may be dispensed with if the opposite party consents.

2. Any person has the right to contact the court orally in Sami provided the legal procedure legislation allows for oral instead of written submission. If the court is under an obligation to take down the submission in writing, the person putting forward the submission may demand that it be taken down in Sami. Such a demand does not waive any time limit. The second and third sentences of [section] 3-4 (1) apply correspondingly.

3. Any person has the right to speak Sami in court. If any person who does not speak Sami is to participate in the proceedings, use is made of an interpreter appointed or approved by the court.

4. When a party makes application for this, the presiding judge may decide that the language of the proceedings shall be Sami. The second sentence of [section] 3-4 (3) applies correspondingly.

5. If the language of the proceedings is Sami, the presiding judge may decide that the court record shall also be kept in Sami. The court makes provision for translation into Norwegian.

6. The court makes provision for court records that are written in Norwegian to be translated into Sami when a party so demands. Such a demand does not waive any time limit.

1. Any person has the right to speak Sami during interrogation at the office of the body concerned.

2. Any person has the right to use Sami when submitting an oral report and a notice of appeal.

1. [Section] 3-5 applies correspondingly to inmates.

2. Inmates have the right to use Sami to one another and to their family.

3. Inmates have the right to use Sami for oral notice of appeal to the prison authority.

Any person wishing to use Sami to safeguard his or her interests vis-a-vis local and regional public health and welfare institutions in the administrative area has the right to be dealt with in Sami.

3-6. Individual ministration by the Church.

Any person has the right to individual ministration by the Church in Sami in the parishes of the Church of Norway in the administrative area.

3-7. The right to leave for educational purposes.

Employees of a local or regional public body in the administrative area have a right to leave with pay in order to acquire knowledge of Sami when the body has a need for such knowledge. This right may be made conditional upon the employee's undertaking to work for the body for a certain time after such educational provision. The King will issue more detailed rules concerning the implementation of these provisions.

3-8. The right to be taught Sami.

Any person has the right to be taught Sami. The King may issue more detailed rules concerning the implementation of this provision.

The rules contained in and issued pursuant to the Primary and Lower Secondary Education Act and the Upper Secondary Education Act apply to instruction in and through the medium of Sami in primary and lower secondary schools and in upper secondary schools.

3-9. Sami in the municipal administration.

The municipal council may decide that Sami shall have equal status with Norwegian in the whole or parts of the municipal administration.

3-10. Extension of the scope of the provisions.

The King may determine that the provisions of this chapter which are limited to local or regional public bodies in the administrative area shall also wholly or partly apply to other public bodies or to private legal persons when they make decisions on behalf of the state or a municipality.

3-11. Appeal.

If a public body does not follow the provisions of this chapter, the person whom the case directly concerns may appeal to the body which is immediately above the body the appeal concerns. The county governor is the appellate authority when the appeal concerns municipal or county bodies.

Nationwide Sami organisations and nationwide public bodies with tasks of particular relevance for the whole or parts of the Sami population also have the right of appeal in such cases. The same applies in cases in which no single person is individually affected.

3-12. Sami Language Council.

A Sami Language Council is to be established. The Sami Assembly appoints the members of the council and determines who shall be the president and vice-president of the council.

The King will issue more detailed rules concerning the composition, organisation, term of office, tasks, etc., of the council.