of the Wilderness still have not been completed, and
that the Central Forestry Board still has not made a
final recommendation to the Ministry for the
Environment. In fact, a delay until 1996 for the
finalization of the maintenance plan is expected.
7.9 As to the alleged compatibility of intensive
logging and practising intensive reindeer husbandry,
the authors note that this statement only applies to
the modern forms of reindeer herding using artificial
feeding. The methods used by the authors, however,
are traditional, and for that the old forests in the area
designated by the communication are essential. The
winter of 1991-1992 demonstrated how relatively
warm winters may threaten traditional herding
methods. As a result of alternating periods with
temperatures above and below zero degrees
centigrade, the snow was, in many parts of Finnish
Lapland, covered by a hard layer of ice that
prevented the reindeer from getting their nutrition
from the ground. In some areas without old forests
carrying lichen on their branches, reindeer have been
dying from hunger. In this situation, the herding area
designated in the communication has been very
valuable to the authors.
7.13 The authors refer to another logging
controversy in another Sami reindeer herding area,
where reindeer herdsmen had instituted proceedings
against the Government because of planned logging
and road construction activities in the Angeli district,
and where the Government had argued that claims
based on article 27 of the Covenant should be
declared inadmissible under domestic law. On
20 August 1993, the Court of First Instance at Inari
held that the case was admissible but without merits,
ordering the complainants to compensate the
Government for its legal expenses. On 15 February
1994, the Court of Appeal of Rovaniemi invited the
appellants in this case to attend an oral hearing to
take place on 22 March 1994. According to counsel,
the Court of Appeal's decision to grant an oral
hearing "cannot be taken as proof for the practical
applicability of article 27 of the Covenant as basis
for court proceedings in Finland, but at least it leaves
[this] possibility open".
7.10 In several submissions made between
September 1992 and February 1994, the authors
provide further clarifications. By submission of
30 September 1992, they indicate that the logging
plans of the Central Forestry Board for the
Hammastunturi Wilderness are still in preparation.
In a subsequent letter dated 15 February 1993, they
indicate that a recent decision of the Supreme Court
invalidates the State party's contention that the
authors would have locus standi before the courts on
the basis of claims brought under article 27 of the
Covenant. This decision, which quashed a decision
of the Court of Appeal granting a Finnish citizen
who had been successful before the Human Rights
Committee compensation, d/ holds that the
administrative, rather than the ordinary, courts are
competent to decide on the issue of the
complainant's compensation.
7.14 In the light of the above, the authors conclude
that their situation remains in abeyance at the
domestic level.
Post-admissibility considerations
8.1 The Committee has taken note of the State
party's information, provided after the decision on
admissibility, that the authors may avail themselves
of local remedies in respect of road construction
activities in the residual area, based on the fact that
the Covenant may be invoked as part of domestic
law and that claims based on article 27 of the
Covenant may be advanced before the Finnish
courts. It takes the opportunity to expand on its
admissibility findings.
7.11 The authors further indicate that the draft plan
for use and maintenance of the Hammastunturi
Wilderness was made available to them on
10 February 1993, and a number of them were going
to be consulted by the authorities before final
confirmation of the plan by the Ministry for the
Environment. According to the draft plan, no
logging would be carried out in those parts of the
Wilderness belonging to the area specified in the
communication and to the herding areas of the
Sallivaara Herdsmen's Committee. The same is not,
however, true for the respective areas of the Lappi
Herdsmen's Committee; under the draft plan, logging
would be carried out in an area of 10 square
kilometres (called Peuravaarat) situated in the
southernmost part of the Hammastunturi Wilderness
and within the area specified in the original
communication.
8.2 In their submission of 25 March 1992, the
authors concede that some Finnish courts have
entertained claims based on article 27 of the
Covenant. From the submissions before the
Committee it appears that article 27 has seldom been
invoked before the local courts or its content guided
the ratio decidendi of court decisions. However, it is
noteworthy, as counsel to the authors acknowledges,
that the Finnish judicial authorities have become
increasingly aware of the domestic relevance of
international human rights standards, including the
rights enshrined in the Covenant. This is true, in
particular, for the Supreme Administrative Tribunal
and increasingly for the Supreme Court and the
lower courts.
7.12 In submissions of 19 October 1993 and
19 February 1994, the authors note that negotiations
on and preparation of a plan for use and maintenance
8.3 In the circumstances, the Committee does not
consider that a recent judgement of the Supreme
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