E/C.12/76/D/251/2022
E/C.12/76/D/289/2022
self-determination (art. 1), in particular with regard to the economic and cultural dimensions
of the right of Indigenous Peoples to self-determination.10
10.9 The Committee nevertheless considers that the authors have not sufficiently
substantiated their claim under article 15 (1) (a) of the Covenant, read in the light of the rights
to work (art. 6) and to health (art. 12), and their claim under article 7 (a) (ii), read alone and
in the light of articles 1, 6, 11 and 12, in conjunction with article 2 (2), of the Covenant. The
Committee therefore declares these claims inadmissible under article 3 (e) of the Optional
Protocol.
10.10 The Committee concludes that the communications are admissible insofar as they
raise issues under article 15 (1) (a) of the Covenant, read alone and in conjunction with
articles 1, 2 (2) and 11 of the Covenant, and proceeds to examine the merits.
C.
Committee’s consideration of article 4 of the Optional Protocol and
rule 13 of the rules of procedure thereunder
11.
The Committee notes the State party’s argument that the Committee should decline to
consider communication No. 251/2022 pursuant to article 4 of the Optional Protocol, as it
does not reveal that the authors have suffered any clear disadvantage and does not raise a
serious issue of general importance. The Committee clarifies that the purpose of article 4 is
to provide the Committee with discretionary power and not to establish an admissibility
requirement. In addition, the Committee considers that both communications reveal that the
authors have suffered a clear disadvantage and that they raise a serious issue of general
importance, namely, the protection of Indigenous Peoples’ rights under the Covenant.
D.
Committee’s consideration of the merits
Facts and legal issues
12.1 The Committee has considered the present communications, taking into account all
the information provided to it, in accordance with the provisions of article 8 of the Optional
Protocol.
12.2 The Committee will proceed to set out the facts that it deems to be established and
relevant.
Communication No. 251/2022
12.3 The authors belong to a Sami traditional semi-nomadic herding community, reindeer
herding being a cornerstone of Sami culture and way of life. On 28 March 2014, the
Geological Survey of Finland applied for a permit for exploration works for gold, copper and
iron, entailing the drilling of 100- to 300-metre-deep holes into the bedrock in about
20 different locations over an area of 390 hectares in the authors’ traditional reindeer herding
territory. The Safety and Chemicals Agency sought written comments from the Sami
Parliament and the Käsivarsi Reindeer Herders’ Cooperative in 2014 and invited them to
participate in meetings in 2015 and 2016. Both institutions opposed the granting of the permit.
However, the permit was granted on 7 July 2016. Both institutions appealed this decision.
On 19 December 2018, the Administrative Court of Northern Finland dismissed the appeal
and upheld the decision to grant the exploration permit. Both institutions appealed again, to
the Supreme Administrative Court, which rejected their appeal on 21 June 2021, considering
that the Sami had been sufficiently consulted for the purposes of the Mining Act, that the
conditions set out in the exploration permit to reduce possible damage to reindeer herding
were sufficient and that the surface area of the exploration works was relatively small.
10
12
Article 2 of the Optional Protocol states that a communication may be submitted regarding a violation
of any of the rights set forth in the Covenant, and it is possible to infer from the relevant travaux
préparatoires an intention to include article 1 within the scope of the communications procedure, since
its initial exclusion (with specific reference to the jurisprudence of the Human Rights Committee) was
eventually undone.
GE.24-18518