CCPR/C/83/DR/1023/2001
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susceptible to other variations in the Pyhäjärvi, and Kirkko-outa areas, including those arising
from natural phenomena, such as heavy snow cover, delays in the arrival of spring and an
increase in predators, especially wolves.
8.8
On the State party’s argument that according to the Finnish Game and Fisheries
Research Institute, “the loggings referred to in the communication do not have significant
additional adverse effects on reindeer herding in the long term if the numbers of reindeer are
maintained approximately at their same level”, the authors submit that the State party omitted
the last line of the opinion “….and the deterioration in pastures is compensated by feeding. If,
on the other hand, the aim is to engage in reindeer husbandry based purely on natural
pastures, then loggings – even those notified as relatively mild – will be of greater
significance for reindeer husbandry that is already in difficulties for other reasons”. The
authors refer to the view of the Lapland and Kemin-Sompio Herdsmen Committee’s who
have previously stated that artificial feeding causes inequalities and disputes within the
Herdsmen’s Committee, and is regarded as a threat to the old Sami tradition and culture of
reindeer husbandry. In recent years, because of the lack of natural winter food, the authors
have had to rely on artificial reindeer food which requires additional income from sources
other than reindeer husbandry, thereby impacting on the profitability of this form of
livelihood.
8.9 The authors acknowledge that over the last two years, conditions have been favourable
from the point of view of securing natural food supplies, resulting in a substantial reduction
in expenses for additional feeding and the survival rate of reindeer beyond expectation.
Despite these conditions, the profitability of reindeer husbandry has not improved, as the
companies buying reindeer meat have reduced their prices by up to 30 per cent and have
purchased less. In addition, the State collects a penalty fee if the Herdsmen’s Committee
exceeds its quota of reindeer per herd on account of failure to sell.
Review of admissibility
9.1 The Human Rights Committee has examined the communication in light of all the
information made available to it by the parties, as provided for in article 5, paragraph 1, of the
Optional Protocol.
9.2 As to the State party’s request to review admissibility on the grounds that the authors
did not take a civil action for damages and thus did not exhaust domestic remedies, the
Committee considers that in the present case where the issue is the effect of past logging, the
State party has not demonstrated that an action for damages would be an effective remedy to
address all relevant aspects of the State party’s responsibility under article 27 of the Covenant
to protect the right of minorities to enjoy their own culture and with respect to a claim that
this culture has been or is being destroyed. For this reason, the Committee does not intend to
reconsider its admissibility decision.
9.3 As to the claim, that the negative effects of the proposed logging in Kippalrova would
interfere with their rights under article 27, the Committee recognises the commitment of the
State party, expressed in its submission on the merits, not to proceed to logging in this area
and therefore finds it unnecessary to consider the possibility of future logging, by the State, in
this area any further.