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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