Do people have the right to know who can vote in the Sámi parliamentary elections? The question is still controversial, almost two years after news revealed that people without a Sami background cheated on their right to vote. The Sami Parliament Council believes that the so-called number of electors reveals personal circumstances which are subject to confidentiality. The civil ombudsman points out that the paper version of the census is in any case available for inspection in each municipality before the Sámi parliamentary election. Then it cannot be covered by confidentiality. The ombudsman believes that the headcount should be public. They have established that several times. The Sami Parliament Council still refuses to join. Therefore, the ombudsman sent the case to the Ministry of Local Government and District Affairs last Tuesday, with a request that they clarify the rules once and for all. Revealed fake Sami – did not get access The dispute over the number of people started with news’s coverage of disputed aspects of the number of Sami people. In December 2022, the article appeared which showed that people in the FRP entered the census without being Sami. The case quickly led to an investigation. Two months earlier, the reporters had asked for access to all complaints about inclusion in the census. It was initially rejected. After a complaint, news was given partial access, but key information was slandered. This included, among other things, the names of those who had filed a complaint and who they had stated as relatives. news then chose to appeal the case to the Civil Ombudsman. There, the journalists were successful on important points. The Ombudsman believed that in any case the headcount itself was public. Since then, the Sami Parliament Council and the ombudsman have argued back and forth – without reaching an agreement. Civil ombudsman Hanne Harlem believes it is unfortunate that the statement from the ombudsman is not followed by the Sámi parliamentary council. Photo: Kaspara Stoltze / news Could have asked for new rules Civil ombudsman Hanne Harlem says it is unfortunate that the Sami parliamentary council does not follow the ombudsman’s statement. – I believe it is wise and correct and in accordance with the Storting’s assumptions – very clear assumptions – that you should follow the Civil Ombudsman even where you disagree with the Civil Ombudsman’s view. Harlem says she respects that the Sámi Parliament believes the rules should have been different. But in that case they had a better approach, she believes: – In this case, the Sámi Parliament could have followed us, and at the same time taken up with the Ministry of Local Government how they thought the rules should be. There would have been an alternative method that would have been more correct and more to follow, also for others. Afraid people will refuse People who want to vote in Sami parliamentary elections, or stand for election themselves, must either speak Sami at home or have ancestors who did. In addition, they must tick the box that they perceive themselves as Sámi. This is the reason why the Sami Parliament Council believes that the information is confidential. It is about personal circumstances, such as ethnicity, kinship and language skills – not only for the person who has complained, but also for their relatives. Sami Parliament President Silje Karine Muotka writes in a message to news that their interpretation of the law agrees well with what is the whole purpose of the duty of confidentiality as laid down in several laws: to secure privacy interests. “The Sámi Parliament Council fears that if the connection to the Sámi Parliament’s electoral roll is something that anyone can gain access to, it could lead to some people refusing to apply for it,” she writes. Sámi Parliament President Silje Karine Muotka will propose to the municipal minister that the regulation be clarified, and that privacy comes first. Photo: Ingrid Lindgaard Stranden / news “The Sámi Parliament Council considers that such a practice could break the trust of those who are included in the Sámi Parliament’s electoral roll.” The Sámi Parliament has previously referred to the regulations on elections to the Sámi Parliament, which state that the census shall only be used by public employees or those authorized by the Sámi Parliament to do so. – Next time it could be a Sami who has had his rights violated, and for example a municipality that does not bow to the Civil Ombudsman. What will the Sami Parliament say to that municipality then? Do you see it as unfortunate to undermine the ombudsman’s authority? “When it comes to the ombudsman’s authority, it is important to take care. In my view, there is a trade-off between consideration of individuals’ personal information about family and self-identification versus the ombudsman’s assessment in this case. Not an assessment of the ombudsman’s function as a whole,” writes Muotka. Project editor Robin Mortensen believes that transparency in voter numbers and complaints is important for understanding the exercise of power in Sami society. Photo: Eskil Wie Furunes / news Thinks the Sami are losing Project editor Robin Mortensen at news believes Sami democracy would benefit from more openness and debate about the number of people. – In several cases over the past year and a half, we have shown that there are people who do not meet the criteria to be included in the headcount, and that the control over who registers is far too poor. The fact that we do not get full insight into the complaints makes it difficult for us to do our job, says Mortensen. Although the number of people is not open, news has gained access to it via source work. Mortensen believes that the head count can show important relationships with groups or people with a lot of power. Lawyer Kristine Foss of the Norwegian Press Association believes that the Sami Parliament’s secrecy violates an important democratic right. Photo: Andreas Sundby / news – Very serious Lawyer Kristine Foss of the Norwegian Press Association is strongly critical of the continuing secrecy. – The vast majority of administrative bodies follow statements from the ombudsman, even if they do not agree. When the Sámi Parliament does not follow the Civil Ombudsman’s statement, they contribute to undermining the whole scheme, and that is serious. Kristine Foss points out that access to public information is an important democratic right. – So when the Sámi Parliament refuses access to this information, they simultaneously deprive society of a right that is protected both in the Constitution and in the Human Rights Convention, says Foss. – It is very serious and objectionable far beyond this specific case. Can run into the sand The civil ombud can do nothing but give their opinion, and there is no power behind their decision. But the Storting has said several times that the entire prerequisite for the scheme is that the administration accepts the ombudsman’s authority. Hanne Harlem says that there are several possible outcomes to the dispute after the case has now been sent to the ministry. It may be that nothing more happens, that the ministry supports the Civil Ombud, or that the Sámi Parliament Council wins – so that the rules will be changed. Published 15.08.2024, at 12.35 Updated 15.08.2024, at 16.08
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The civil ombudsman believes the Sámi Parliament is breaking the law when they refuse access – news Troms and Finnmark
