The Draft for a Nordic Saami Convention

Abstract

This article aims to provide a general commentary on the draft for a Nordic Saami Convention submitted by the Expert Committee (which was composed of an equal number of representatives from the three Nordic states and the three Saami parliaments) to the governments of the three Nordic states and to their Saami parliaments. The core task of this article is to interpret and analyze the provisions of the Draft Convention with the help of the Commentary. This is done by examining all of the 51 articles through the chapters they are placed into. In order to interpret the individual provisions of the Draft Convention in light of the Draft Convention’s object and purpose, as prescribed in the Vienna Convention, it is important to examine the more general normative vision fleshed out in the Draft Convention’s preface and Chapter I. Since the Draft Convention provides the basis for actual treaty negotiations, it is useful to examine the likely obstacles the Draft Convention will encounter. This will be done by studying the comments made by authorities, bodies and associations in Finland to the Draft Convention, which will provide a good picture of the challenges ahead, as Finland has had most problems with the Draft Convention already during the Expert Committee stage. It will also be important, in the concluding remarks, to reflect on the general importance of the Draft Convention, in both the Nordic and international context.