The Consultation Act was introduced in 2022 and will give the Sami the opportunity to influence issues that are of particular importance to them as an indigenous people. These may include logging, mining, wind power plans, helicopter skiing or rally competitions in reindeer herding areas.
The Consultation Act does not give the Sami any veto power, but the consultations must take place in "good spirit" and continue until agreement is reached - or until one of the parties states that it is not possible to agree. But the law's contribution to Sami influence has been too little, too late, concludes the Stockholm Environment Institute (SEI) after reviewing just over 200 cases from 2022-2024.
Petty matters
The picture is that the Sami representatives have only had influence over small and relatively insignificant parts of matters - such as changing wording or compromising on the least harmful alternative.
According to SEI, one reason is ignorance among several authorities.
In a number of cases, the Sami representative has had to explain to the authority how the law should be interpreted. It is quite remarkable, says Johanna Westeson, researcher at SEI and lead author of the report.
Frustration
It is also clear that the Sami representatives were involved too late in the process, according to the report.
Sami parties express frustration that so much has already been decided when they are invited to give their views. This is most evident when an authority has been commissioned by the government and the framework has already been set, says Johanna Westeson.
There are also examples of authorities that admit that Sami interests have simply been "forgotten" when a mission is formulated, according to the report.
Therefore, a massive training effort is required at all levels, including the government offices, says Johanna Westeson.
Facts: The Consultation Act
The Act on Consultation on Issues Relating to the Sami People - the Consultation Act - came into force in 2022.
During the first two years, the obligation to consult the government and state administrative authorities applied. From March 2024, municipalities and regions will also be covered.
Courts and some administrative authorities are not required to consult.
The starting point of the legislation is that the Sami are recognized as indigenous peoples in Sweden. Indigenous peoples, according to Sweden's international human rights commitments, have a special right to influence decisions that are important to them.
The consultation shall continue until agreement or consent on the issue in question is reached, or until it is declared that agreement or consent cannot be reached.
Source: SEI and prop 2021/22:19
