forests. In this connection, it points to a report
prepared for the Ministry for Agriculture and
Forestry by a professor of the University of Joensuu,
who supports the view that timber production,
reindeer husbandry, collection of mushrooms and
berries and other economic activities may
sustainably coexist and thrive in the environment of
Finnish Lapland. This report states that no single
forest or land use can, on its own, fulfil the income
and welfare needs of the population; forest
management of the whole area, and particularly
Northern Lapland, must accordingly be implemented
pursuant to schemes of multiple use and "strict
sustainability".
logging by the summer of 1991, or at the latest by
early 1992, around the road under construction and
therefore within the confines of their herding areas,
the authors requested the adoption of interim
measures of protection, pursuant to rule 86 of the
Committee's rules of procedure.
The State party's observations
4.1 In its submission under rule 91 of the rules of
procedure, the State party does not raise objections
to the admissibility of the communication under
article 5, paragraph 2 (b), of the Optional Protocol,
and concedes that in the present situation there are
no domestic remedies which the authors should still
pursue.
4.5 The State party submits that the authors
cannot be considered "victims" of a violation of the
Covenant, and that their communication should be
declared inadmissible on that account. In this
context, the State party contends that the ratio legis
of the Wilderness Act is the very opposite from that
identified by the authors: its intention was to
upgrade and enhance the protection of the Sami
culture and traditional nature-based means of
livelihood. Secondly, the State party submits that the
authors have failed to demonstrate how their
concerns about "irreparable damage" purportedly
resulting from logging in the area designated by
them translate into actual violations of their rights;
they are merely afraid of what might occur in the
future. While they might legitimately fear for the
future of the Sami culture, the "desired feeling of
certainty is not, as such, protected under the
Covenant. There must be a concrete executive
decision or measure taken under the Wilderness
Act", before anyone may claim to be the victim of a
violation of his Covenant rights.
4.2 The State party indicated that for the
Hammastunturi Wilderness, plans for maintenance
and use currently in preparation in the Ministry of the
Environment would not be finalized and approved
until the spring of 1992; nor are there any logging
projects under way in the residual area designated by
the authors, which does not overlap with the
Hammastunturi Wilderness. North of the Wilderness,
however, minor "silvicultural felling" (to study the
effect of logging on the environment) began in 1990
and would be stopped by the end of the spring of
1991. According to the Central Forestry Board, this
particular forest does not overlap with the area
designated in the communication. The State party
added that south of the wilderness, the gravelling of
an existing roadbed would proceed in the summer of
1991, following the entry into force of the Wilderness
Act.
4.3 The State party contends that the
communication is inadmissible under article 3 of the
Optional Protocol, as incompatible with the
provisions of the Covenant. In particular, it argues
that the plans of the Central Forestry Board for
silvicultural logging in the residual area outside the
Hammastunturi Wilderness are not related to the
passage of the Wilderness Act, because the latter
only applies to areas specifically designated as such.
The authority of the Central Forestry Board to
approve logging activities in areas other than those
designated as protected wilderness is not derived
from the Wilderness Act. Accordingly, the State
party denies that there is a causal link between the
measures of protection requested by the authors and
the object of the communication itself, which only
concerns enactment and implementation of the
Wilderness Act.
4.6 The State party further argues that passage of
the Wilderness Act must be seen as an improvement
rather than a setback for protection of the rights
protected by article 27. If the authors are dissatisfied
with the amount of land protected as wilderness,
they overlook the fact that the Wilderness Act is
based on a philosophy of coexistence between
reindeer herding and forest economy. This is not
only an old tradition in Finnish Lapland but also a
practical necessity, as unemployment figures are
exceptionally high in Finnish Lapland. The Act
embodies a legislative compromise trying to balance
opposite interests in a fair and democratic manner.
While the Government fully took into account the
requirements of article 27 of the Covenant, it could
not ignore the economic and social rights of that part
of the population whose subsistence depends on
logging activities: "one cannot do without
compromises in a democratic society, even if they
fail to satisfy all the parties concerned".
4.4 The State party further contends that the
envisaged forestry operations, consisting merely of
"silvicultural logging" and construction of roads for
that purpose, will not render the areas used by the
authors irreparably inhospitable for reindeer
husbandry. On the contrary, the State party expects
them to contribute to the natural development of the
4.7 Finally, the State party notes that the
Covenant has been incorporated into domestic law,
6