are set aside for logging. The State party notes that "logging is extremely cautious and the interests of reindeer husbandry are kept in mind". If one considers that logging is practised with strict consideration for the varied nature of the environment, forestry and land use in the area in question do not cause undue damage to reindeer husbandry. Furthermore, the significant increase in the overall reindeer population in Finnish Lapland over the past 20 years is seen as a "clear indication that logging and reindeer husbandry are quite compatible". contested area, the application of article 27 gives them legal standing as representatives of a national minority, irrespective of ownership. The State party concludes that the communication should be deemed inadmissible in respect of measures taken outside the Hammastunturi Wilderness on the basis of article 5, paragraph 2 (b), of the Optional Protocol. 6.4 Subsidiarily, the State party reaffirms that current road construction activities in the "residual areas" do not infringe upon the authors' rights under article 27. It observes that the authors do not specify that the construction has caused real damage to reindeer husbandry. In this context, it observes that: 6.7 In respect of the authors' claim that thinning of the forests destroys lichen (lichenes and usnea) in the winter herding areas, the State party observes that other herdsmen have even requested that such thinning be carried out, as they have discovered that it alters "the ratio of top vegetation to the advantage of lichen and facilitates mobility. The purpose of [such] thinning is, inter alia, to sustain the tree population and improve its resistance to airborne pollution." Furthermore, according to the State party, lichen is plentiful in the highland areas where the Central Forestry Board does no logging at all. "the concept of culture in the sense of article 27 provides for a certain degree of protection of the traditional means of livelihood for national minorities and can be deemed to cover livelihood and other conditions in so far as they are essential for the culture and necessary for its survival. The Sami culture is closely linked with traditional reindeer husbandry. For the purposes of ... article 27 ... it must be established, however, in addition to the aforementioned question of what degree of interference the article [protects] against, whether the minority practices its livelihood in the traditional manner intended in the article". 6.8 The State party notes that Sami herdsmen own or co-own forests. Ownership is governed by a variety of legislative acts; the most recent, the Reindeer Farm Act and Decree, also applies to Sami herdsmen. According to the State party, the authors own reindeer farms. Thinning of trees or logging of private forests is governed by the Private Forests Act. According to the Association of Herdsmen's Committees, the income derived from logging is essential for securing the herdsmen's livelihood, and, furthermore, forestry jobs are essential to forest workers and those Sami herdsmen who work in the forests apart from breeding reindeer. In the light of the above, the State party reaffirms that planned logging activities in the area identified by the complaints cannot adversely affect the practice of reindeer husbandry, within the meaning of article 27 of the Covenant. As Sami reindeer husbandry has evolved over time, the link with the natural economy of old Sami tradition has been blurred; reindeer husbandry is increasingly practised with help of modern technology, for example, snow scooters and modern slaughterhouses. Thus, modern reindeer husbandry managed by herdsmen's committees leaves little room for individual, self-employed, herdsmen. 6.5 The State party further denies that prospective logging in areas outside the Wilderness will infringe upon the authors' rights under article 27: "there is no negative link between the entry into force of the Wilderness Act and logging by the Central Forestry Board outside the wilderness area. On the contrary, enactment of the law has a positive impact on logging methods used in the residual areas". The State party explains that under the Act on Reindeer Husbandry, the northernmost State-owned areas are set aside for reindeer herding and shall not be used in ways that impair reindeer husbandry. The Central Forestry Board has decided that highlands (above 300 metres altitude) are subject to the most circumspect forestry. In Upper Lapland, a land and water utilization strategy approved by the Central Forestry Board that emphasizes the principle of multiple use and sustainability of resources applies. 7.1 In their comments, dated 25 March 1992, on the State party's submission, the authors contend that the State party's reference to the availability of remedies on account of the Covenant's status in the Finnish legal system represents a novelty in the Government's argumentation. They submit that this line of argument contrasts with the State party's position in previous Optional Protocol cases and even with that put forth by the Government at the admissibility stage of the case. The authors argue that while it is true that international human rights norms are invoked increasingly before the courts, the authorities would not be in a position to contend that Sami reindeer herdsmen have locus standi in respect to plans for maintenance and use of wilderness areas, or in respect of road construction projects in stateowned forests. Not only is there no case law in this 6.6 It is recalled that the area identified in the authors' initial complaint comprises approximately 55,000 hectares (35,000 hectares of the Hammastunturi Wilderness, 1,400 hectares of highlands and 19,000 hectares of conservation forest. Out of this total, only 10,000 hectares, or 18 per cent, 8

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