Norwegian Ministry of Local Government and Modernisation Report The Framework Convention for the Protection of National Minorities Fifth Periodic Report The Framework Convention for the Protection of National Minorities Fifth Periodic Report Contents Preamble .................................................................................................................................................3 Foreword ...........................................................................................................................................3 The Sami people and Sami affairs in Norway ............................................................................ 5 Part I Measures to raise awareness about the fourth monitoring cycle ........................... 8 Part II Measures to address key findings ..................................................................................10 Part III Further measures to implement the Framework Convention ...........................15 Article 3 ............................................................................................................................................15 Article 4 ............................................................................................................................................15 Article 5 ............................................................................................................................................22 Article 6 .............................................................................................................................................34 Article 7 ............................................................................................................................................39 Article 8 ............................................................................................................................................40 Article 9 ............................................................................................................................................40 Article 10 ...........................................................................................................................................42 Article 11 ...........................................................................................................................................46 Article 12 ..........................................................................................................................................48 Article 13 ...........................................................................................................................................52 Article 14 ...........................................................................................................................................52 Article 15 ..........................................................................................................................................54 Article 17 ...........................................................................................................................................57 Article 18 ...........................................................................................................................................57 Appendix ..............................................................................................................................................59 Preamble Foreword The Council of Europe’s Committee of Ministers adopted the Framework Convention for the Protection of National Minorities (the Framework Convention) in 1994. The Framework Convention entered into force in 1998 and was ratified by Norway in 1999. The states parties that have ratified the Framework Convention are required to report to the Council of Europe on their implementation of the Framework Convention every five years. The Ministry of Local Government and Modernisation has the main responsibility for implementing the Framework Convention, and has prepared the fifth periodic report in cooperation with other ministries concerned. This fifth report describes the measures that have been implemented over the past five years, with reference to the Council of Europe’s recommendations. The report covers matters pertaining to Jews, Kvens, Norwegian Finns, Roma, Romani people/Taters and Forest Finns. These groups are recognised as national minorities in Norway. This is the first time Norway reports on Sami affairs under the Framework Convention. This change has been made at the request of the Sámediggi (the Sami Parliament) and does not imply that the rights of the Sami as an indigenous people or follow-up of the state’s obligations towards indigenous peoples are limited or given less priority. With regard to the situation of the Sami people, reference is also made to Norway’s report on ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries, submitted to the International Labour Organisation (ILO) in 2018. In line with the Council of Europe’s outlines for the states’ fifth report on the implementa- tion of the Framework Convention, this report has been divided into three parts: Part I Measures to raise awareness about the fourth monitoring cycle; Part II Measures to address key findings; Part III Further measures to implement the Framework Convention. The report is based on the recommendations of the Committee of Ministers. The rec- ommendations of the Committee of Ministers have been adopted at the suggestion of the Advisory Committee, and reflect and partly overlap with the Advisory Committee’s own recommendations. To avoid repetition and duplication, the Advisory Committee’s recommendations have therefore not been included where they correspond with recommendations from the Committee of Ministers. This applies mainly to the Advisory Committee’s key findings and to certain recommendations under the various articles of the Framework Convention. Part III of the report, which reviews the Council of Europe’s Preamble · 3 recommendations article by article, indicates which recommendations are from the Committee of Ministers and the Advisory Committee respectively. Since reporting on the Framework Convention for the Protection of National Minorities and on the European Charter for Regional or Minority Languages is coordinated, discussions in the respective reports are cross-referenced to avoid repetition. In order to obtain a full picture of policy, the Council of Europe should therefore read the two reports together. A fundamental principle of the Framework Convention for the Protection of National Minorities is that the groups in question should be involved in the work on issues that affect them. The national minority organisations, Sami organisations and the Sámediggi (the Sami Parliament) were briefed at an early stage in the reporting process. The organ- isations and the Sámediggi were informed at the same time of their option to submit shadow reports directly to the Council of Europe. The Ministry of Local Government and Modernisation has offered assistance with translating the shadow reports. The national minority organisations, as well as the Sami organisations and the Sámediggi, were also invited to submit written input to the draft report. They could also provide oral input if they so wished. This input was assessed and followed up by the relevant ministries. To facilitate the involvement of the affected groups in preparing Norway’s fifth periodical report, a draft report was first drawn up in Norwegian as usual and then translated into English before being submitted to the Council of Europe. Norway’s fifth periodic report on the implementation of the Framework Convention is therefore available in Norwegian and English and can be found on the Norwegian Government’s website. Other documents pertaining to all of Norway’s periodic reports on the Framework Convention are available on the Ministry of Local Government and Modernisation’s website: https://www.regjeringen.no/no/tema/urfolk-og-minoriteter/nasjonale-minoriteter/ midtspalte/rapporteringer-pa-rammekonvensjonen/id458136/ For further information on the work of monitoring and reporting on the Framework Convention, please contact: Ministry of Local Government and Modernisation Department of Sami and Minority Affairs P.O. Box 8112 Dep 0032 OSLO Tel.: (+47) 22 24 71 75 E-mail: [email protected] 4 · The Framework Convention for the Protection of National Minorities The Sami people and Sami affairs in Norway This is the first time Norway reports on Sami affairs under the Framework Convention. It is being done at the request of the Sámediggi and implies no changes to the rights of the Sami as an indigenous people or to the follow-up of Norway’s obligations towards indigenous peoples. The Sami in Norway The Sami people are recognised as an indigenous people in Norway. Since no public register of Sami exists, we do not know how many Sami live in Norway. Norway’s Sami policy is based on the acknowledgement that Norway was originally established on territory belonging to two peoples – Sami and Norwegians – and that both peoples have the same rights and entitlements to develop their culture and language. This principle of equality is established in Article 108 of the Norwegian Constitution. The Sami are recognised as an indigenous people because they descend from people who inhabited the country when the current national borders were drawn, and have retained some or all of their own social, economic, cultural and political institutions; see Article