Common indicators
Common indicators
There are a few institutions that provide support for seeing the Governance as a single entity rather than as two different units functioning in parallel. The International Barents Secretariat (IBS), the Working Group of Indigenous Peoples (WGIP), and Joint Working Groups formed by and including the participation of both the BEAC and the BRC can be considered as indicators of the Governance’s single identity.
The states that have territories in the Barents Region created the International Barents Secretariat (IBS) in by concluding an international instrument to provide technical support for multilateral coordinated regional activities organized by the BEAC together with the BRC (Barents Secretariat Agreement ). The International Secretariat is located in Kirkenes, Norway and enjoys legal personality under Norwegian national law (Barents Secretariat Agreement , arts. -). The IBS provides continuity in the activities of the Governance particularly when the chair changes to a new member. The Governance’s legal personality and other issues involving Norway and the IBS were settled through the conclusion of a bilateral agreement (Host Country Agreement ). The Terms of Reference of the IBS (IBS Terms of Reference ) connect both platforms by providing technical support. Later, a set of rules concerning the operation of the secretarial functions was formulated in a fashion that can be observed only in well-established international organizations (IBS Financial and Staff Rules ). The rules cover many essential components, including the appointment of staff and their facilities.
The idea of establishing a Working Group of Indigenous Peoples (WGIP) was already included in the Kirkenes Declaration (Kirkenes Declaration , ‘Indigenous peoples’). The WGIP, established in 5, consists of six members: one Sami representative from each country - Finland, Norway, Russia and Sweden – and one Vepsian and one Nenets representative from the Russian side (WGIP Terms of Reference n.d., section 4b). There are altogether three observers, including one representative from the Sami Council, one from the Association of World Reindeer Herders, and one from the Russian Association of the Indigenous Peoples of the North (RAIPON) (WGIP Terms of Reference n.d., section 4c). The WGIP members elect the chair from among themselves for a period of two years; a person may be re-elected to the chairmanship (WGIP Terms of Reference n.d., section ).
The distinguishing characteristics of the WGIP are that it was established on
a permanent basis and plays an advisory role in both units of the Governance along with its representation at Ministerial Meetings of the BEAC and the Regional Council of the BRC (WGIP n.d.). The Barents Indigenous Peoples Office (BIPO), established in Murmansk in and moved to Lovozero in , is responsible for the activities of the WGIP.
The Governance has established a number of joint working groups, in addition to groups that work for one unit or the other. Among the joint groups The Governance has established a number of joint working groups, in addition to groups that work for one unit or the other. Among the joint groups
The BEAC and the BRC share a similar exception to formal international organizations: as a forum of states, the BEAC includes the EC among its members, while the BRC has accorded membership to the Sami Council in addition to the regional governments. This type of exception is possible within soft-law cooperation and is appreciated to some extent in addressing complex problems which require contributions from different categories of actors.
individual indicators
The creation of separate frameworks by the BEAC and the BRC has provided each of them with an individual identity even though they are closely connected. For instance, in the case of the BEAC, the CSO is in charge of activities during the intervals between Ministerial Meetings, may form necessary WGs or Task Forces (TF), provides guidance to them, and monitors their functions. The subordinate bodies perform the tasks following this guidance and report to the CSO. Alternatively, for the BRC the RC carries out its functions during the time between Regional Council meetings, may form WGs or TF, supplies proper guidance to them, and observes their activities, while the WGs and TFs follow the guidance of the RC and report to it. The establishing instruments of the BEAC and the BRC are different and were concluded by the different forums. The Ministerial Meeting is the supreme authority in the BEAC decision making; while, the Regional Council makes decision for the BRC. Thus, the two platforms enjoy individual organizational merits in terms of their functioning systems. However, the fact that they share a common international secretariat and similar objectives could be taken as a sign that the two platforms form an associate partnership; this creates some complexity and provides scope for new ways of evaluating the units’ legal position under international law. Since their creation the two individual bodies have never come into conflict with each other within the cooperation. As explained in the BEAC Joint Communiqué (BEAC Joint Communiqué , paragraph ):
The Council underlines that the International Barents Secretariat (IBS) should be utilized to improve the coherence, efficiency and the continuity of the BEAC and BRC cooperation and strengthen the effectiveness of their sectoral and intersectoral work.