E/C.12/76/D/251/2022 E/C.12/76/D/289/2022 Article of the Optional Protocol: 3 (1) and (2) (e) 1.1 The authors of the communications are J.T. (born in 1960), J.P.V. (born in 1945), P-M.V. (born in 1981), P-A.L. (born in 1981), P-T.J. (born in 1937), O.A.V. (born in 1970), M-L.V. (born in 1971), N-M.V. (born in 1998), L-T.V. (born in 2000), J-O.J. (born in 1948), N-A.L. (born in 1960), Á-M.L. (born in 1990), M.L. (born in 1996), M.L. (born in 1998), J-T.L. (born in 1957), V.T. (born in 1954) and N-M.V. (born in 1965), nationals of Finland all belonging to Kova-Labba Siida, a community of Sami reindeer herders. J.T., J.P.V. and P-M.V. submit the communications on their own behalf and on behalf of three children, S.V., E.S.V. and E.A.V. The other authors submit the communications on their own behalf only. The authors submit that, by granting a mineral exploration permit (communication No. 251/2022) and a reservation (communication No. 289/2022) in respect of areas on their traditional territory without proper impact assessment and without a process of consultation aimed at obtaining their free, prior and informed consent, the State party violated their rights to take part in the cultural life of a community (art. 15) and to enjoy just and favourable conditions of work that ensure remuneration that provides them with a decent living (art. 7 (a) (ii)), both interpreted in the light of the rights to self-determination (art. 1), to work (art. 6), to an adequate standard of living (art. 11) and to health (art. 12), and both interpreted in conjunction with the right not to be discriminated against (art. 2 (2)). The authors requested the adoption of interim measures to halt the exploration works (communication No. 251/2022) and to ensure the refusal of any request for exploration works in the reservation area (communication No. 289/2022). The Optional Protocol entered into force for the State party in April 2014. The authors are represented by counsel. 1.2 On 12 January 2022, pursuant to article 6 of the Optional Protocol, the Committee, acting through its Working Group on Communications, registered communication No. 251/2022 and requested the State party, pursuant to article 5 of the Optional Protocol, to postpone the mining exploration project while the case was under consideration by the Committee. On 22 August 2022, the Committee registered communication No. 289/2022, deciding to join it with communication No. 251/2022, and requested the State party to postpone the mining exploration project while the case was under consideration by the Committee. 1.3 On 14 March 2022 (communication No. 251/2022) and 15 October 2022 (communication No. 289/2022), the State party requested the Committee to examine the question of admissibility separately from the merits and, for communication No. 251/2022, informed the Committee that the permit holder had not taken any practical measures after receiving the permit and did not intend to conduct survey drillings until winter 2023/24 at the earliest. On 23 March 2023, the Committee decided, pursuant to rule 6 of its rules of procedure under the Optional Protocol, to examine the admissibility of the communications together with the merits. A. Summary of the information and arguments submitted by the parties Factual background1 2.1 The authors are Indigenous Sami persons and practise traditional Sami reindeer herding. They belong to Kova-Labba Siida, which is one of the three traditional reindeer herding villages that are part of the Käsivarsi Reindeer Herders’ Cooperative.2 Sami reindeer husbandry is semi-nomadic due to the seasonal and weather-dependent rotation of pastures and is an essential part of Sami culture, maintained by small groups of kin- or village-based herders (“siida” in the Northern Sami language) and transmitted from generation to generation. 2.2 The State party’s Forest Agency (Metsähallitus) is the landowner of approximately 90 per cent of the Sami homeland, including the authors’ traditional reindeer herding territory. 1 2 2 The factual background has been reconstructed on the basis of the initial submissions and the information subsequently provided by the parties. The cooperative is an administrative division of the State party. GE.24-18518