Legislation

(March 8, 1991/516)

CHAPTER 1

GENERAL PROVISIONS

Section 1

Without prejudice to the provisions on the use of the Finnish language and the Swedish language before the authorities, the Sami language may also be used before courts of law and other State authorities and agencies as well as before the authorities of the municipalities and other autonomous communities as well as of joint municipal organizations in accordance with the provisions of this Act.

Section 2

In this Act, a Sami means a person who considers himself a Sami, provided that he himself or at least one of his parents or grandparents learnt Sami as his first language.

The Sami domicile area means the municipalities of Enontekiö, Inari and Utsjoki as well as the area of the reindeer-grazing association of Lapland situated in the municipality of Sodankylä.

Section 3

The authorities and agencies to which this Act shall apply are the following:

1. the courts of law and regional and local State authorities whose jurisdictional or administrative areas cover all or part of the Sami domicile area;

2. the County Government of Lapland and the bodies functioning in connection therewith;

3. Sami Parliament and the Advisory Council on Sami Affairs;

4. the Chancellor of Justice and the Parliamentary Ombudsman;

5. the Consumer Ombudsman an& the Consumer Complaint Board, the Equality Ombudsman and the Council for Equality as well as the Data Protection Ombudsman and the Data Protection Board;

6. the Social Security Institution and the Farmers' Pension Institution; as well as

7. administrative State authorities which handle appeals brought in matters that have been initiated before said authorities.

This Act shall also apply to administrative matters handled in accordance with the Reindeer Husbandry Act (1990/848) and the Reindeer Husbandry Decree (1990/883) by

State authorities and public-law associations whose administrative or functional areas cover all or part of the Sami domicile area.

Sections 5, 11 through 13 and 18 through 20 shall apply also to other State authorities than those referred to in paragraphs 1 and 2 above.

Section 4

This Act shall apply to the authorities of the municipalities and joint municipal organizations as provided in sections 14 through 16.

It may be stipulated by decree that this Act shall apply to the handling of administrative matters also where these matters are to be handled by a public-law association or agency other than one referred to in section 3, paragraph 1 or 2, or by a State-controlled limited company or a private body.

CHAPTER 2

LANGUAGE RIGHTS

Section 5

A Sami whose residence referred to in the Population Registration Act (1969/141) is in Finland may have the Sami language entered in the Population Register as his native language.

Section 6

In a matter regarding himself or in a matter in which he is heard, a Sami may use the Sami language before an authority or agency referred to in section 3, paragraphs 1 and 2.

An organization or a foundation which keeps its records in the Sami language as well as an educational institution whose instruction is given in the Sami language shall have a corresponding right to use the Sami language in accordance with paragraph 1.

Section 7

In a matter which may be handled at the initiative of an authority, a State civil servant or employee shall, upon the request of a Sami party, use the Sami language in the Sami domicile area if the State civil servant or employee is required to know this language.

Section 8

Upon his request, a Sami party shall, free of charge, receive a translation in the Sami language of a decision issued if the qualifications required by law or otherwise of a civil servant or employee of an authority referred to in section 3, paragraph 1 or 2 do not include a knowledge of the Sami language. The translation shall be attached to the decision.

If the qualifications required by law or otherwise of a civil servant or employee of an authority referred to in section 3, paragraph 1 or 2 include a knowledge of the Sami language and if the matter is being handled by said civil servant or employee, a Sami party shall, upon request, receive the decision issued in the Sami language. A Sami party shall, however, only receive a Sami translation of a document where there are several concerned parties and they cannot agree on the use of the same language.

If a decision shall be issued in the Sami language or together with a translation of the decision in the Sami language, the documents entered in the files of the matter shall, however, at the request of a Sami party, always contain a translation in the Sami language except where the document evidently has no bearing on the decision of the matter.

Section 9

Public notices, announcements and proclamations or other documents issued to the public by an authority or agency referred to in section 3, paragraph I and 2 as well as road and other signs and forms meant for the use of the public, together with any instructions regarding their use, shall, in the Sami domicile area, be drafted and issued also in the Sami language.

A court of first instance, a judge or a sheriff may, however, upon his discretion, decide not to issue ex officio proclamations and notices issued in the Sami language.

Section 10

Within the Sami domicile area and, when the matter especially concerns the Samis, also outside the Sami domicile area, a member of a State committee or board or other corresponding collegiate State administrative body has the right to use the Sami language in the discussions of the administrative body as well as in a statement issued for the record.

If a member of an administrative body referred to in paragraph 1 does not understand the language used in the discussion or a statement, he shall, upon request, be given a short interpretation of the discussion or statement.

Section 11

Any public notices, announcements and proclamations or other documents as well as road and other signs and forms meant for the use of the public, together with any instructions regarding their use, referred to in section 9, paragraph 1 and drafted and issued by other State authorities and agencies than those referred to in section 3, paragraphs 1 and 2, shall, in the Sami domicile area, be available also in the Sami language if they mainly concern the Samis or if other special reasons therefore exist.

Section 12

Any Acts or decrees or decisions of the Council of State or the ministries published in the Collection of Finnish Statutes as well as other decisions, public notices and proclamations to be published in the Collection of Finnish Statutes as well as rules to be published in a collection of rules by an authority which especially relate to the Samis shall, by decision of the Council of State or the ministry issuing the decision or rule, be published also in a translation in the Sami language.

Any Bills and reports or their summaries, prepared by a ministry or a State commission, committee or other corresponding body, which shall be published, shall, upon the decision of the ministry, be published also in the Sami language if they especially relate to the Samis or if other special reasons therefore exist.

Section 13

A State authority whose work relates to the Samis only, may, in addition to Finnish, use the Sami language as its internal working language.

CHAPTER 3

RULES APPLICABLE TO MUNICIPAL AUTHORITIES AND THE AUTHORITIES OF OTHER AUTONOMOUS BODIES

Section 14

The provisions of sections 6 through 8 and section 9, paragraph 1 on State authorities and agencies and their civil servants or employees shall also apply to the authorities of the Enontekiö, Inari, Utsjoki and Sodankylä municipalities and the authorities of joint municipal organizations with one or more of the above municipalities as member.

The notification cards prepared for elections and consultative referenda shall, however, not be drafted in the Sami language.

The provisions of section 10 on the right of a member of a member of a committee and a board and a collegiate body to use the Sami language shall be applied also to a member of a municipal or joint municipal council, executive council or other corresponding body.

Section 15

A municipality or joint municipal organization referred to in section 14, paragraph 1 may, in addition to the internal official language of the municipality, use also the Sami language in any minutes of meetings and other documents which are not issued to a private party as well as in any correspondence between authorities and official books and records.

If the share of the Sami population in the population of the municipality exceeded one-third on the first day of the preceding year, also the Sami language shall be used in the minutes, documents, correspondence and official books and records referred to in paragraph 1.

Section 16

The provisions of this Act on the language(s) to be used by State authorities or agencies shall be applied to the languages to be used by the parties in the Cathedral Chapter of the Oulu Diocese of the Evangelical-Lutheran church and the offices of the parishes covering all or part of the Sami domicile area unless a matter, by its nature, is to be deemed an internal matter of the church under the Church Act (1964/635), as well as in the office of the Oulu Cathedral Chapter of the Greek-Orthodox church.

The provisions of this Act on municipalities or joint municipal organizations shall respectively be applied to the Enontekiö, Inari, Utsjoki and Sodankylä parishes of the Evangelical-Lutheran church unless a matter, by it nature, is to be deemed an internal matter of the church under the Church Act, as well as to the Lapland parish of the Greek-Orthodox church.

CHAPTER 4

INTERPRETATION AND TRANSLATION

Section 17

When the Sami language is used orally under this Act, the authority or agency shall obtain an interpretation if the civil servants officer or employee handling the matter does not know the Sami language.

Section 18

Where an authority or agency, under this Act, shall issue a document also in a translation in the Sami language, it shall be entitled to have the document translated into the Sami language by the Office of the Sami Language referred to in section 21 if the translation cannot otherwise be appropriately acquired. The authority and agency shall have acorresponding right to a Finnish translation of a document in the Sami language.

Section 19

If a State authority or agency shall issue a decision or document to a party in the Sami language or in a translation in the Sami language or if it shall have something interpreted in or from the Sami language, the State shall bear the costs of having the document drafted or translated in the Sami language or for the interpretation. The costs for the drafting or translation of a decision or document, or for the interpretation, referred to in section 14, paragraph 1, section 15, paragraph 2 and section 16 shall be borne by the autonomous community or joint municipal organization.

Section 20

If a document filed with an authority or agency of the State, municipality or other autonomous community or joint municipal organization is drafted in the Sami language even though the party concerned does not have the right to use the Sami language, the authority or agency shall have the document translated in the language used by the authority or agency at the expense of the party concerned.

CHAPTER 5

MISCELLANEOUS PROVISIONS

Section 21

For translations into and from the Sami language and for other functions stipulated in the Act, a Sami Language Office shall be established under Sami Parliament in the Sami domicile area. Further provisions on the office shall be issued by decree.

Section 22

A public office of a Sami-language assistant may be established in the County Government as well as in a regional or local State authority. The services of the assistant shall be provided free of charge.

Section 23

A civil servant or employee of a State authority or agency all of whose official area is situated in the Sami domicile area shall, in accordance with further provisions to be issued by decree, be entitled to paid leave of absence in order to acquire a knowledge of the Sami language necessary for him to carry out his official duties.

A civil servant or employee of a State authority or agency part of whose official area is situated in the Sami domicile area shall, in accordance with further provisions to be issued by decree, be entitled to paid leave of absence referred to in paragraph 1.

Section 24

When appointing a civil servant or employee of a regional or local State authority or agency whose official area covers all or part of the Sami domicile area or a civil servant or employee of the County Government of Lapland or when engaging a private-law employee to work with said authority or agency, a knowledge of the Sami language shall be deemed a special merit even if it is not included in the qualifications for the office, job or task.

When appointing persons to said offices or tasks, the authorities referred to in paragraph 1 shall, by means of the measured referred to in section 25 and otherwise, ensure that its personnel includes a sufficient number of people knowing the Sami language.

Section 25

If special public offices for the translation and interpretation from and into the Sami language or for counselling are established in a municipality referred to in section 14, the municipality shall be paid State aid for the costs thereby incurred and referred to in section 5, paragraph 4 of the Act on State Aid and Assistance to Municipalities and Joint Municipal Organizations (1973/35).

State aid shall be paid to the Enontekiö and Sodankylä municipalities for one civil servant and to the Inari and Utsjoki municipalities for three civil servants referred to in paragraph 1.

The amount of State aid shall cover all the costs referred to in paragraphs 1 and 2.

Section 26

Without prejudice to the provisions of section 25, a municipality referred to in section 14 can be paid discretionary State assistance for more civil servants than those referred to in section 25, paragraph 2.

The State budget shall contain an appropriation of funds as State assistance to the municipalities referred to in section 14 also to cover the special extra costs incurred through the application of this Act. The State budget shall contain an appropriation of funds as additional State assistance to other autonomous communities incurring additional costs through the application of this Act.

Section 27

The State aid and assistance referred to in sections 25 and 26 shall, where appropriate, be governed by the provisions of the Act on State Aid and Assistance to Municipalities and Joint Municipal Organizations. The County Government of Lapland shall act as the competent authority referred to in said Act in matters relating to State aid and assistance under this Act. However, the Ministry of Finance shall act as the competent authority referred to in section 15, paragraphs 2 and 3 of the Act on State Aid and Assistance to Municipalities and Joint Municipal Organizations.

Section 28

The right of the Samis to receive comprehensive-school education and other instruction and day care in their native language as well as the teaching of the Sami language shall be governed by special provisions thereon.

Section 29

Further provisions on the implementation of this Act shall be issued by decree.

CHAPTER 6

ENTRY IN TO FORCE

Section 30

This Act shall enter into force on 1 January 1992.

Measures necessary for the implementation of this Act may be taken prior to its entry into force.

This Act shall be published in the Collection of Finnish Statutes also in a translation in the Sami language.

Given in Helsinki on 8 March 1991

President of the Republic

MAUNO KOIVISTO

Minister of Justice Tarja Halonen

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