The Sami Act

Chapter 1. General provisions.

Section 1-1. Purpose of the Act. Relation to International Law 

The purpose of the Act is to facilitate conditions for the Sami people in Norway to secure and develop their language, culture, and social life.  

The Act applies with the limitations that follow from ILO Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries. The Act shall be applied in accordance with international law concerning indigenous peoples’ and minorities.

Section 1-2. The Sami Parliament  

The Sami people shall have their own nation-wide Sami Parliament elected by and among the Sami.

Section 1-3. Annual Report of the Sami Parliament  

The annual report of the Sami Parliament shall be sent to the King.

Section 1-4. The financial liability of the State

The particular expenses incurred by county municipalities and municipalities in connection with elections to the Sami Parliament are to be covered by the State.

The King will issue regulations regarding the implementation of the provision in the first paragraph.

Section 1-5. Sami Languages 

The Sami languages and Norwegian are languages of equal worth. South Sami, Lule Sami, and North Sami shall be accorded equal status as Norwegian pursuant to the provisions in Chapter 3.

Section 1-6. The Sami Flag 

The Sami flag is the flag approved by the 13th Nordic Sami Conference on 15 August 1986.

The Sami Parliament may issue regulations prescribing further rules for how the flag is to be used.

Chapter 2. The Sami Parliament

Section 2-1. The area of work and authority of the Sami Parliament

The area of work of the Sami Parliament is any matter that in the view of the parliament particularly affects the Sami people.

The Sami Parliament may on its own initiative raise and issue a statement on any matter coming within the area of its work. It may also on its own initiative refer matters to public authorities and private institutions, etc.

The Sami Parliament may be delegated authority to manage the allocations for Sami purposes in the annual state budget. The Ministry sets rules for the financial management of the Sami Parliament. The Sami Parliament may issue regulations on the distribution and use of grants.

The Sami Parliament has the power of decision when this follows from other provisions in the Act or is otherwise laid down.

Section 2-2. Seeking the view of the Sami Parliament

Other public bodies should give the Sami Parliament an opportunity to express an opinion before they make decisions on matters within the area of work of the Sami Parliament.

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

Election to the Sami Parliament is by direct election.

Proportional representation is to be the method of election when more than one proposed 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. In municipalities with fewer than 30 registered voters, it is only possible to cast advance votes in the election to the Sami Parliament. 

The Sami Parliament is elected for a period of four years. The electoral term is reckoned from the first day of October in the election year.

Section 2-4. Electoral districts and allocation of seats

At elections to the Sami Parliament members with deputies shall be elected from the following electoral districts:

1. Eastern Electoral District: municipalities Sør-Varanger, Nesseby, Vadsø, Vardø, Båtsfjord, Tana, Berlevåg, Lebesby, and Gamvik in Finnmark County.
2. Ávjovári Electoral District: municipalities Karasjok, Kautokeino, and Porsanger in Finnmark County.
3. Northern Electoral District: municipalities Nordkapp, Måsøy, Hammerfest, Alta, Hasvik, and Loppa in Finnmark County and municipalities Skjervøy, Kvænangen, and Nordreisa in Troms County.
4. Gáisi Electoral District: municipalities Kåfjord, Storfjord, Lyngen, Karlsøy, Tromsø, Balsfjord, Målselv, Bardu, Senja, and Sørreisa in Troms County.
5. Vesthavet Electoral District: municipalities Dyrøy, Salangen, Lavangen, Gratangen, Tjeldsund, Ibestad, Harstad, and Kvæfjord in Troms County and municipalities from Saltdal, Beiarn, and Meløy and northwards in Nordland County.
6. South Sami Electoral District: municipalities from Rana and Rødøy and southwards in Nordland County, Trøndelag County, municipalities Surnadal and Sunndal in Møre og Romsdal County, and municipalities Engerdal, Rendalen, Os, Tolga, Tynset, and Folldal in Innlandet County.
7. Southern Norway Electoral District: municipalities in Møre og Romsdal and Innlandet counties not belonging to Electoral District 6, as well as the counties Vestland, Rogaland, Agder, Telemark, Buskerud, Vestfold, Akershus, Østfold, and Oslo.

39 representatives shall be elected to the Sami Parliament. The electoral districts are first allocated two mandates each. The remaining 25 mandates are then distributed proportionally among the electoral districts based on the number of registered voters according to the distribution method specified in the Election Act section 11-3 third and fourth paragraphs. The Southern Norway Electoral District shall not be allocated more mandates than the district would receive if all 39 mandates were distributed proportionally among the electoral districts.

The King shall issue regulations with detailed provisions on allocation of seats and candidate selection.

Section 2-5. The right to vote

Voting rights in elections to the Sami Parliament are granted to all who have voting rights in municipal council elections in the district and who are registered in the Sami Parliament’s electoral roll in the district on election day (cf. section 2-6).

Section 2-6. The Sami Parliament's electoral roll 

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

1. have Sami as their home language, or
2. have or have had a parent, grandparent or great-grandparent with Sami as his or her home language, or
3. are the child of a person who is or has been registered in the Sami Parliament’s electoral roll, may demand to be included in the Sami Parliament’s electoral roll.

A request for registration in the Sami Parliament electoral roll must be submitted to the Sami Parliament.

The Sami Parliament’s electoral roll is drawn up by the Sami Parliament on the basis of the national population register, the electoral roll from the previous Sami Parliament election and the demands for inclusion or deletion received during the electoral term. The Sami Parliament’s electoral roll shall be organized by municipality.

When a person has been included in the Sami Parliament’s electoral roll, this may be registered in the national population register. Such registration shall only be accessible to the authority responsible for holding elections to the Sami Parliament, or with the consent of the Sami Parliament.

The Sami Parliament’s electoral roll may be kept by electronic means.

Section 2-7. Eligibility for election and right to propose candidates

Everyone who is included in the Sami parliament’s electoral roll in the constituency are eligible for election to the Sami Parliament. Those standing for election must also be included in the national population register as being resident in the constituency on polling day. Administrative staff of the Sami Parliament are not however eligible for election.

Proposal rights in the electoral districts are granted to all who are entered in the Sami Parliament's electoral roll in the district. A proposal for an electoral list must be signed by at least 30 Sami with proposal rights.

A group, party or similar association may apply to the Sami Parliament to be registered under a specified party name. The request for registration shall be supported by the signatures of at least 200 persons who are entitled to vote and propose candidates in elections to the Sami Parliament. Decisions regarding registration may not be appealed. The King may lay down further provisions regarding the conditions and procedure for registration.

Section 2-8. Obligation to accept election, grounds for exemption and obligation to attend meetings

All those who are eligible for election to the Sami Parliament are obliged to accept election unless they are exempted in accordance with the provisions of the second paragraph.

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

1. have reached the age of sixty years by the end of the election year, or
2. have served as members of the Sami Parliament during the last four years, or
3. prove to the Sami electoral board that they will not be able to fulfil their obligations as members of the Sami Parliament without undue difficulty.

Any person who is elected as a member of the Sami Parliament or a body appointed by the Sami Parliament is under an obligation to participate in meetings of the Sami Parliament or the respective body unless he or she has a valid reason for not attending.

Employees are entitled to take leave from work to the extent necessitated by their obligations in the Sami Parliament or in the body to which the persons concerned have been appointed as a member.

Section 2-9. Exemption and retirement during the electoral term

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

Members who join the administrative staff of the Sami Parliament, shall retire from the Sami Parliament for the rest of the electoral term.

Section 2-10. Electoral authority

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

Section 2-11. Supplementary electoral provisions.

The King may issue supplementary provisions concerning elections to the Sami Parliament.

Section 2-12. The administration, organization and procedures of the Sami Parliament

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

The employees of the Sami Parliament shall be subject to the legislation that applies to civil servants insofar as this is appropriate.

The Sami Parliament may establish any boards, councils or committees that it may find appropriate and, unless otherwise provided, delegate authority to them.

The power of decision pursuant to sections 2-9, 2-10 and 2-14 may not be delegated.

Individual decisions made by a board, council or committee appointed by the Sami Parliament may, in accordance with the provisions of the Public Administration Act, be appealed to the Sami Parliament or to a special appeals board appointed by the Sami Parliament.

Section 2-13. Language used in proceedings

During meetings of the Sami Parliament everyone has the right to speak Sami or Norwegian as they wish.

Section 2-14. Rules of procedure

The Sami Parliament will issue rules concerning the summoning and order of business of the Sami Parliament.

Section 2-15. Pension scheme
Full-time members of the Sami Parliament are entitled to a pension in accordance with a separate pension scheme. The King may issue regulations providing that other members of the Sami Parliament are also entitled to a pension.

The King may issue further regulations relating to the calculation of pension rights and the implementation of the pension scheme.

Chapter 3. Sami languages

Section 3-1. Definitions

The following definitions shall apply in this chapter:

1. The administrative area for Sami languages: municipalities categorized as language development municipalities, language vitalisation municipalities, and language stimulation municipalities, and county municipalities, which the King has determined by regulation to be included in the administrative area for Sami languages.
2. Public body: any state and municipal body that has a service area that wholly or partly includes one of the municipalities in the administrative area for Sami languages, and county municipalities that the King has determined by regulation to be included in the administrative area for Sami languages.

Section 3-2. Translation of rules. Announcements and forms
Statutes and regulations of particular interest to all or parts of the Sami population shall be translated into Sami languages by the ministry responsible for the law or regulation. Municipalities and county municipalities are responsible for translating local regulations of particular interest to the entire or parts of the Sami population into Sami languages.

Announcements by public bodies which are particularly addressed to all or parts of the population in the administrative area for Sami languages shall be made in both Sami and Norwegian. The responsibility lies with the body that publishes the announcement.

Paper-based and digital forms for use with a public body in the administrative area for Sami languages shall be available in both Sami and Norwegian. This does not apply to nationwide bodies. The responsibility lies with the body that prepares the form.

The public body shall consider which language or languages the text should be translated into. In the assessment, consideration shall be given to whom the information is directed and what the information is about.

Section 3-3. Right to a reply in Sami
Anyone who writes in Sami to a language development municipality, language vitalization municipality, or county municipality in the administrative area for Sami languages has the right to a written reply in Sami. The same applies to written inquiries to a state body that has a language development municipality or a language vitalization municipality in its service area.

Anyone who adresses a language development municipality orally in Sami has the right to an immediate oral reply in Sami. The same applies to oral inquiries in Sami to a county dental clinic or a local state body that has a service area in a language development municipality. The right does not apply to oral inquiries to public employees performing tasks outside the body's office.

Anyone who adresses a language vitalization municipality orally in Sami has the right to an oral reply in Sami. The same applies to oral inquiries in Sami to a county dental clinic or a local state body that has a service area in a language vitalization municipality. The right does not apply to oral inquiries to public employees performing tasks outside the body's office.

Individuals have the right to a reply in Sami in the Sami language or languages that are in use and have traditional geographical ties to the public body's service area.

The right to a reply in Sami does not apply to public bodies that are nationwide unless otherwise provided by regulation determined by the King.

Section 3-3a. Information about language rights
Public bodies covered by the provisions in sections 3-3, 3-4, 3-4a, 3-4b, and 3-5 shall actively inform about the right to use Sami.

Section 3-4. Courts

In the case of courts whose jurisdiction comprises all or parts of the administrative area for Sami languages, shall also be subject to the following rules:

1. Everyone has a right to submit written pleadings with appendices, written evidence or other written inquiries in Sami. If the court is to transmit the application to an opposing party, it shall ensure that the document is translated into Norwegian. The translation may be omitted with the consent of the opposing party.
2. Everyone has the right to adress the court orally in Sami if procedural law allows oral instead of written applications. If the court is under an obligation to record the application in writing, the person making the application may demand that it be written in Sami. Such a demand does not interrupt any time limit. Subsection 1, second and third sentences, apply correspondingly.
3. Everyone has a right to speak Sami at court proceedings. If a person who does not understand Sami participates in the proceedings, an interpreter appointed or approved by the court shall be used.
4. At the request of one of the parties, the presiding judge may decide that the language used in the proceedings shall be Sami. Subsection 3, second sentence, shall apply correspondingly.
5. If the language used in the proceedings is Sami, the president of the court may decide that the court records shall also be kept in Sami. The court will ensure that the records are translated into Norwegian.
6. The court will ensure that court records written in Norwegian are translated into Sami when one of the parties so demands. Such a demand does not interrupt any deadline.

Section 3-4a. The Rent Disputes Tribunal
The rules in section 3-4, first paragraph, items 1 and 2 also apply to the Rent Disputes Tribunal. The rules in section 3-4, first paragraph, items 3 and 4 apply as far as they are suitable for cases subject to oral proceedings or mediation in the Rent Disputes Tribunal. The Rent Disputes Tribunal shall ensure that decisions or settlements written in Norwegian are translated into Sami when a party requests it. For translation costs, the provisions of the Court Fees Act Section 2, second paragraph, third sentence apply.

Section 3-4b. Police and prosecution authority

Police and prosecuting bodies whose jurisdiction comprises all or parts of the administrative area for Sami languages, shall also be subject to the following rules:

1. Everyone has a right to speak Sami during interviews in the body’s office.
2. Everyone has a right to use Sami when making a formal complaint orally or giving oral notice of seeking a judicial remedy.

Section 3-4c. Correctional services

Correctional institutions in Troms and Finnmark shall also be subject to the following rules regarding the use of Sami:

1. Inmates are entitled to speak Sami when giving oral notice of seeking a judicial remedy to the prison authorities.
2. Inmates have the right to speak Sami with each other and with their relatives.
3. Section 3-5 applies correspondingly to inmates.

Section 3-5. Extended right to use Sami in health and care institutions
Anyone that wishes to use Sami to safeguard their interests with public health and care institutions and child welfare institutions in language development municipalities and language vitalization municipalities has the right to be served in Sami.

The right does not apply to nationwide public health and care institutions and child welfare institutions unless otherwise provided by regulation determined by the King.

Section 3-6. Individual church services
Everyone has the right to receive individual church services in Sami in the congregations of the Church of Norway in language development municipalities and language vitalization municipalities.

Section 3-7.  Right to leave of absence for educational purposes

Employees in public bodies have the right to paid leave to acquire knowledge in Sami if the body needs such competence. The right can be conditional on the employee committing to work for the said body for a specified period after completing the training.

Section 3-8. Right to education in Sami
Everyone has the right to education in Sami. The King may provide further regulations on the implementation of this provision.

Section 3-8.  Right to training in Sami

Everyone is entitled to receive training in Sami. The King may issue further rules regarding the implementation of this provision.

For education in and trough the medium of Sami, the rules in and pursuant to the Education Act apply.

Section 3-9. Sami in municipal administration and elected bodies
In language development municipalities, Sami shall be equal to Norwegian internally in the municipal administration and in the municipal council. The municipal council can decide that Sami shall be equal to Norwegian in other elected bodies, except directly elected municipal district councils and inter-municipal elected bodies.

In other municipalities, the municipal council may decide that Sami shall be equal to Norwegian in the entire or parts of the internal municipal administration and in elected bodies, except directly elected municipal district councils and inter-municipal elected bodies.

Section 3-10. Sami language and cultural services
Language stimulation municipalities shall provide Sami language and cultural services for children, young people, and the elderly.

Section 3-11. Appeal
If a public body does not comply with the provisions in this chapter, the person directly concerned by the case can complain to the administrative body that is immediately superior to the body which the appeal concerns.  The county governor is the appeal body when the appeal concerns municipal or county municipal bodies.

Nationwide Sami organisations and national public bodies which have functions of particular importance for all or parts of the Sami population have the right to appeal in such cases. The same applies in cases where no individual is particularly affected.

Section 3-12. Organization of Sami language work
The Sami Parliament shall work for the protection and further development of Sami languages in Norway.

The Sami Parliament allocates funds to municipalities and county municipalities for the implementation of the rules in this chapter.

Section 3-13. Municipal and county municipal planning
County municipalities and municipalities in the administrative area for Sami languages shall discuss challenges for the Sami language in regional planning strategies and the municipality's planning strategy, cf. the Planning and Building Act section 7-1 and 10-1. Overall goals for strengthening the Sami language shall be established in a regional plan pursuant to Section 8-1 of the Planning and Building Act. The municipality shall establish its goals for strengthening the Sami language either as a thematic municipal sub-plan or in the social element of the municipal master plan, cf. Section 11-1 third paragraph and section 11-2 of the Planning and Building Act.

Section 3-14. Recruitment of employees with Sami language skills

Municipalities, county municipalities, and state public bodies that need employees with Sami language skills to perform their tasks can request Sami language skills as a desired or necessary qualification when advertising positions.

Section 3-15. Regulatory authority

The King provides regulations on which municipalities and county municipalities shall be included in the administrative area for Sami languages, and which municipalities shall be considered language development municipalities, language vitalization municipalities, and language stimulation municipalities.

The King may provide regulations that the provisions in this chapter shall also apply wholly or partly to other state public bodies, county municipal units, or private legal entities when they make individual decisions or issue regulations on behalf of the state, county municipality, or municipality.

Chapter 4. Consultations

Section 4-1. Matters subject to consultations
The provisions in this chapter apply to legislation, regulations, and other decisions or measures that may affect Sami interests directly. The provisions do not apply to matters concerning the state budget.

The provisions in this chapter do not apply to matters of a general nature that are assumed to affect the entire society in the same way.

In matters related to the natural basis for Sami culture, the provisions in this chapter apply to measures and decisions planned to be implemented in traditional Sami areas, or that may affect Sami material cultural practices in traditional Sami areas.

The provisions in this chapter do not apply to the Sami Parliament in matters where the Sami Parliament has the right to objection under the Planning and Building Act section 5-4.

Section 4-2. Right to be consulted
In matters mentioned in Section 4-1, the Sami Parliament and other representatives of affected Sami interests have the right to be consulted.

Section 4-3. The duty to consult
The duty to consult under the provisions in this chapter applies to:
a. the government, ministries, directorates, and other subordinate agencies,
b. state enterprises and private legal entities when they exercise authority on behalf of the state.

Section 4-4. The duty to consult for county municipalities and municipalities
County municipalities and municipalities have a duty to consult representatives of affected Sami interests in matters concerning local regulations and other decisions or measures that may directly affect Sami interests.

The provisions in this chapter otherwise apply to the extent they are appropriate.

Section 4-5. Notification of matters that may be subject to consultations
Those who have a duty to consult shall notify the Sami Parliament and others with the right to be consulted about matters that may be subject to consultations, cf. section 4-1. If notification is not given, the Sami Parliament can, on its own initiative, request consultations in such matters.

The Sami Parliament and others with the right to be consulted shall respond within a reasonable time whether they wish consultations in the relevant matter. The Sami Parliament may also provide its assessment of whether others than the Sami Parliament should be consulted on the matter.

Section 4-6. Content and purpose of the consultations
The consultations shall be conducted in good faith and with the aim of reaching an agreement. The body that has the duty to consult shall provide full information on relevant matters at all stages of the case processing.

The consultations shall begin early enough for the parties to have a real opportunity of reaching an agreement on the decision.

The consultations shall not be concluded as long as the parties believe it is possible to reach an agreement on the matter.

Section 4-7. Protocol
The consultations should be protocolled. The protocol shall outline the subject of the matter, the parties' assessments and positions, and the conclusions reached in the matter. It shall be clearly stated whether an agreement has been reached.

The assessments of Sami party shall accompany the case until a final decision is reached.

Section 4-8. Regulations
The King may issue regulations with further provisions on who has the right and duty to consult, and on the implementation of consultations for bodies and legal entities mentioned in section 4-3.

Section 4-9. Effect of breaching the consultation rules
Breaches of the consultation rules in this chapter may provide grounds for invalidity in accordance with general administrative law principles.

Section 4-10. The relationship to the Public Administration Act and other legislation
The consultation rules in this act apply in addition to the procedural rules in the Public Administration Act and rules on Sami interests in other laws, with the exceptions set out in section 4-1, fourth paragraph.

Section 5-1. Transitional rules

The Sami Parliament is a continuation of the Norwegian Sami Council. The Sami Parliament assumes all the functions, rights and obligations of the Norwegian Sami Council.

The King issues rules regarding the summoning cand order of business of the Sami Parliament. These rules apply until the Sami Parliament has adopted its own rules of procedure pursuant to Section 2-14.

Section 5-2. Entry into force

This Act enters into force on the date decided by the King.