destruction of the trees would lead to an extension of
the marsh, with the resulting change of the nutrition
balance of the soil. Moreover, logging would merely
add to present dangers threatening the trees within
the authors' herding area, namely, industrial
pollution from the Russian Kola district. In this
context, it is submitted that silvicultural methods of
logging (that is, environmentally sensitive cutting of
forest areas) advocated by the authorities for some
parts of the wilderness area used by the authors
would cause possibly irreversible damage to reindeer
herding, as the age structure of the forest and the
conditions for the lichen growth would change.
"environmental forestry", a concept without a
precise definition. Furthermore, on the basis of
separate decisions by Parliament, the cutting of
forests within the Hammastunturi Wilderness would
not begin until the approval by the Ministry for the
Environment, of a plan for use and maintenance. The
Act, however, is said to give the Central Forestry
Board the power to start full-scale logging.
2.5 At the time of submission in 1990, the authors
contended that large-scale logging activities, as
authorized under the Wilderness Act, were imminent
in the areas used by them for reindeer breeding.
Thus, two road construction projects were started in
the authors' herding areas without prior consultation
with the authors, and the roads are said to serve no
purpose in the maintenance of the authors' traditional
way of life. The authors claimed that the roads were
intended to facilitate logging activities inside the
Hammastunturi Wilderness in 1992 and, in all
likelihood, outside the Wilderness as early as the
summer of 1991. The road construction had already
penetrated a distance of over 6 miles, at a breadth
of 60 feet, into the reindeer herding areas used by the
authors. Concrete sink rings have been brought on
site, which the authors claim underline that the road
is to be built for all-season use by heavy trucks.
2.8 With respect to the requirement of exhaustion
of domestic remedies, the authors contend that the
Finnish legal system does not provide for remedies to
challenge the constitutionality or validity of an Act
adopted by Parliament. As to the possibility of an
appeal to the Supreme Administrative Tribunal
against any future administrative decisions based on
the Wilderness Act, the authors point out that the
Finnish legal doctrine on administrative law has been
applied very restrictively in accepting legal standing
on grounds other than ownership. Thus, it is claimed
that there are no domestic remedies which the authors
might pursue in respect of a violation of article 27 of
the Covenant.
2.6 The authors reiterate that for the Lappi
Herdsmen's Committee, the area in question is an
important breeding area, and that they have no use
for any roads within the area. For the Lappi
Herdsmen's Committee, the area is the last
remaining natural wilderness area; for the Sallivaara
Herdsmen's Committee, the area forms one third of
its best winter herding areas and is essential for the
survival of reindeers in extreme climatic conditions.
As to the disposal of slaughtered reindeers, the
authors note that slaughtering takes place at places
specifically designed for that purpose, located close
to main roads running outside the herding area. The
Sallivaara Herdsmen's Committee already possesses
a modern slaughter-house, and the Lappi Herdsmen's
Committee has plans for a similar one.
The complaint
3.1 The authors submit that the passage of the
Wilderness Act jeopardizes the future of reindeer
herding in general and of their livelihood in
particular, as reindeer farming is their primary
source of income. Furthermore, since the Act would
authorize logging within areas used by the authors
for reindeer husbandry, its passage is said to
constitute a serious interference with their rights
under article 27 of the Covenant, in particular the
right to enjoy their own culture. In this context, the
authors refer to the Views of the Human Rights
Committee in cases Nos. 197/1985 and 167/1984, as
well as to ILO Convention No. 169 concerning
indigenous and tribal people in independent
countries.
2.7 The authors further note that the area used by
them for winter herding is geographically a typical
watershed highland, located between the Arctic Sea
and the Baltic. These lands are surrounded by open
marshlands covering at least two thirds of the total
area. As in other watershed areas, abundant snow
and rainfalls are common. The winter season is
approximately one month longer than in other areas.
The climate has a direct impact on the area's
environment, in particular the trees (birch and
spruce), whose growth is slow; the trees in turn
encourage the growth of the two types of lichen that
constitute the winter diet for reindeers. The authors
emphasize that even partial logging would render the
area inhospitable for reindeer breeding for at least a
century and possibly irrevocably, since the
3.2 The authors add that over the past decades,
traditional methods used for reindeer breeding have
decreased in importance and have been partly
replaced by "fencing" and artificial feeding, which
the authors submit are alien to them. Additional
factors enabling an assessment of the irreparable
damage to which wilderness areas in Finland are
exposed include the development of an industry
producing forest harvesting machinery and a road
network for wood transport. These factors are said to
affect deeply the enjoyment by the authors of their
traditional economic and cultural rights.
3.3 Fearing that the Central Forestry Board would
approve the continuation of road construction or
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