purposes of admissibility, that this road construction
could produce effects adverse to the enjoyment and
practice of their rights under article 27.
and that, accordingly, article 27 is directly applicable
before the Finnish authorities and judicial instances.
Thus, if, in the future, the Ministry of the
Environment were to approve a plan for forest
maintenance and care which would indeed endanger
the subsistence of Sami culture and thus violate
article 27, the victims of such a violation could
submit a complaint to the Supreme Administrative
Court.
5.5 On 9 July 1991, accordingly, the Committee
declared the communication admissible in so far as it
appeared to raise issues under article 27 of the
Covenant.
5.6 The Committee also requested the State party
to "adopt such measures, as appropriate, to prevent
irreparable damage to the authors".
Admissibility considerations
5.1 During its forty-second session, in July 1991,
the Committee considered the admissibility of the
communication. It noted that the State party had
raised no objection with regard to the admissibility
of the communication under article 5, paragraph 2 (b), of the Optional Protocol. It further took
note of the State party's claim that the authors could
not claim to be victims of a violation of the
Covenant within the meaning of article 1 of the
Optional Protocol. The Committee reaffirmed that
individuals can only claim to be victims within the
meaning of article 1 if they are actually affected,
although it is a matter of degree as to how concretely
this requirement should be taken.
The State party's request for review of the
admissibility decision and the authors' reply
6.1 In its submission under article 4, paragraph 2,
dated 10 February 1992, the State party notes that
the Committee's acceptance, in the decision of 9 July
1991, of a causal link between the Wilderness Act
and any measures taken outside the Hammastunturi
Wilderness has changed the substance of the
communication and introduced elements in respect
of which the State party did not provide any
admissibility information. It reiterates that in
applying the Wilderness Act, Finnish authorities
must take into consideration article 27 of the
Covenant, "which, in the hierarchy of laws, is on the
same level as ordinary laws". Samis who claim that
their Covenant rights were violated by the
application of the Act may appeal to the Supreme
Administrative Court in respect of the plan for
maintenance and care of the Wilderness area
approved by the Ministry of the Environment.
5.2 Inasmuch as the authors claimed to be victims
of a violation of article 27, both in respect of
expected logging and road construction activities
within the Hammastunturi Wilderness and ongoing
road construction activities in the residual area
located outside the Wilderness, the Committee
observed that the communication related to both
areas, whereas parts of the State party's observations
could be read in the sense that the communication
only related to the Hammastunturi Wilderness.
6.2 In respect of the activities outside the
Hammastunturi Wilderness (the "residual area"), the
State party submits that article 27 would entitle the
authors to take action against the State or the Central
Forestry Board before the Finnish courts. Grounds
for such a legal action would be concrete measures
taken by the State, such as road construction, which
in the authors' opinion infringe upon their rights
under article 27. A decision at first instance could be
appealed to the Court of Appeal, and from there,
subject to certain conditions, to the Supreme Court.
The provincial government could be requested to
grant provisional remedies; if this authority does not
grant such a remedy, its decision may be appealed to
the Court of Appeal and, subject to a re-trial permit,
to the Supreme Court.
5.3 The Committee distinguished between the
authors' claim to be victims of a violation of the
Covenant in respect of road construction and logging
inside the Hammastunturi Wilderness and such
measures outside the Wilderness, including road
construction and logging in the residual area south of
the Wilderness. In respect of the former areas, the
authors had merely expressed the fear that plans
under preparation by the Central Forestry Board
might adversely affect their rights under article 27 in
the future. This, in the Committee's opinion, did not
make the authors victims within the meaning of
article 1 of the Optional Protocol, as they were not
actually affected by an administrative measure
implementing the Wilderness Act. Therefore, this
aspect of the communication was deemed
inadmissible under article 1 of the Optional Protocol.
6.3 The State party adds that the fact that actions
of this type have not yet been brought before the
domestic courts does not mean that local remedies
do not exist but merely that provisions such as
article 27 have not been invoked until recently.
Notwithstanding, the decisions of the higher courts
and the awards of the Parliamentary Ombudsman in
the recent past suggest that the impact of
international human rights treaties is significantly on
the increase. While the authors do not own the
5.4 In respect of the residual area, the Committee
observed that the continuation of road construction
into it could be causally linked to the entry into force
of the Wilderness Act. In the Committee's opinion,
the authors had sufficiently substantiated, for
7