A. Reversal of decision on admissibility Communication No. 431/1990 Submitted by: O. S. et al on 18 December 1990 (represented by counsel) Alleged victim: The authors State party: Finland Declared admissible: 9 July 1991 (forty-second session) Declared inadmissible: 23 March 1994 (fiftieth session) environmental protection lobbyists and the Finnish Forest Administration about the extent of logging activities in northernmost Finland, that is, close to or north of the Arctic Circle. Under the provisions of the Act, specifically designated areas are off limits for logging, whereas in others, defined as "environmental forestry areas" (luonnonmukainen metsänhoito), logging is permitted. Another, third, category of forest areas remains unaffected by the application of the Act. Subject matter: Claim that planned logging and road construction activities would adversely affect an indigenous community’s traditional way of life Procedural issues: Review of admissibility decision – Non exhaustion of domestic remedies Substantive issues: Rights of indigenous peoples – Availability of local remedies and domestic relevance of international human rights standards, including the rights enshrined in the Covenant 2.3 An important consideration in the enactment of the Act, reflected in section 1, is the protection of the Sami culture and particularly of traditional Sami economic activities. Section 3, however, reveals that the ratio legis of the Act is the notion and extension of State ownership to the wilderness areas of Finnish Lapland. The authors note that the notion of State ownership of these areas has long been fought by Samis. The implication of section 3, in particular, is that all future logging activities in the areas used by them for reindeer husbandry will be matters controlled by different Government authorities. In particular, section 7 of the Act entrusts a Central Forestry Board (metsähallitus) with the task of planning both use and maintenance (hoito-ja käyttösuunnitelma) of the wilderness area. While the Ministry for the Environment (ympäristöministeriö) may either approve or disapprove the plans proposed by this Board, it cannot amend them. Article of the Covenant: 27 Article of the Optional Protocol: 5 (2) (b) 1. The authors of the communication dated 18 December 1990 are Messrs. O. Sara, J. Näkkäläjärvi and O. Hirvasvuopio and Ms. A. Aärelä, all Finnish citizens. They claim to be the victims of a violation by Finland of article 27 of the International Covenant on Civil and Political Rights. They are represented by counsel. The facts as submitted by the authors 2.1 The authors are reindeer breeders of Sami ethnic origin. Together with the Herdsmen's committees (cooperative bodies set up to regulate reindeer husbandry in Finland), they represent a substantial part of reindeer herding in Finnish Lapland. Mr. Sara is the chief and Mr. Näkkäläjärvi, the deputy chief of the Sallivaara Herdsmen Committee; Mr. Hirvasvuopio is the chief of the Lappi Herdsmen Committee. In terms of counted reindeer the Sallivaara Herdsmen Committee is the second largest herdsmen's committee in Finland; the Lappi Herdsmen's Committee is the third largest. 2.4 The authors indicate that the area used for herding their reindeers during the winter months is a hitherto unspoiled wilderness area. The border between the municipalities of Sodankylä and Inari nowadays divides this wilderness into two separate herdsmen's committees. Under the Wilderness Act, the largest part of the authors' reindeer breeding area overlaps with the Hammastunturi Wilderness area; other parts do not and may therefore be managed by the Central Forestry Board. Under preliminary plans approved by the Board, only small portions of the authors' breeding area would be off-limits for logging operations, whereas the major part of their areas overlapping with the Hammastunturi Wilderness would be subject to so-called 2.2 On 16 November 1990, the Finnish Parliament passed bill 42/1990, called the Wilderness Act (erämaalaki), which entered into force on 1 February 1991. The legal history of this bill is the result of a delicate compromise reached after protracted discussions between the Samis, 4