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considered a justification for not pursuing domestic remedies, where such allegations would
be examined.
4.7 Accordingly, the authors have neither exhausted domestic remedies available to them,
nor demonstrated any special circumstances which might absolve them from doing so.
Finally, the State party argues that the brief communication lacks sufficient material basis,
including basic evidence, that would go beyond a mere allegation. Accordingly, the case is
said not to have been substantiated.
Authors’ comments
5.1 In comments dated 15 March 2002, the authors supplied comments, restricted to the
admissibility arguments of the State party.
5.2 As to the availability of domestic remedies in respect of the other areas (not covered by
the earlier communication), the authors contend that the State party’s suggestion of available
remedies is misplaced. No court action designed to prevent specific logging plans was
successful, partly because any concrete logging tract “is always only a seemingly modest part
of the overall lands [that] are used by the Sami for reindeer herding”. There is no indication
that a case seeking positive protection for Sami herders would be successful, and, in any
event, the existing Supreme Court ruling would be a further obstacle.
5.3 For the authors, the National Forest & Park Service has been too restrictive in providing
information on its logging activities affecting the life of Angeli Sami. On the issue of
substantiation of claims, the authors argue that they have shown that the reductions of
reindeer after the Ministry’s decisions was a direct consequence of the impact of logging on
pasture areas. They have detailed the State party’s plans to continue logging despite the
Committee’s earlier Views. The authors regard this as sufficient substantiation.
5.4 Finally, the authors state that there are plans for further logging by the National
Forestry and Park Service within the area already subject to court proceedings, an area known
as the Kippalrova tract.
Issues and proceedings before the Committee
Consideration of admissibility
6.1 During its 77th session, the Committee considered the admissibility of the
communication. On the contention that the Muotkatunturi Herdsmen’s Committee did not
have standing to bring a claim under the Optional Protocol, the Committee referred to its
constant jurisprudence that legal persons are not “individuals” able to bring such a claim. 3
Neither was there an indication that individual members of the Muotkatunturi Herdsmen’s
Committee had authorized it to bring a claim on their behalf, or that Jouni and/or Eino
Länsman were authorized to act on behalf of the Herdsmen’s Committee and its members.
Accordingly, while it was uncontested that Jouni and Eino Länsman had standing to bring the
communication on their own behalf, the Committee considered the communication
3
See, for example, Hartikainen v. Finland, Case no. 40/1978, Decision adopted on 9 April
1981, JT v. Canada, Case no. 104/1981, Decision adopted on 6 April 1983, and Ominayak et
al. v. Canada, op. cit.