CRC/C/97/D/172/2022
Committee only to substantiate their claims under articles 8, 27 and 30 of the Convention and
not to present a separate claim based on climate change. The Committee further takes note
of the authors’ uncontested argument that they explicitly invoked before the national courts
the same substantive rights that are invoked in the present communication (the rights to take
part in the cultural life of their community, to traditional property, not to be discriminated
against, to work or livelihood of their own choice and to identity). The Committee observes
that the authors pursued their claims all the way to the Supreme Court. The Committee
considers, therefore, that all available domestic remedies have been exhausted and concludes
that article 7 (e) of the Optional Protocol does not constitute an obstacle to the admissibility
of the communication.
8.5
The Committee takes note of the State party’s argument that the communication
should be declared inadmissible as manifestly ill-founded, as the authors are asking the
Committee to act as a fourth instance to review the outcome of the domestic proceedings (see
para. 4.5 above). However, the Committee considers that the authors’ claim that the alleged
breach of the international standard of free, prior and informed consent in the granting of the
permit for mineral exploration on their traditional territory violated their rights under articles
8, 27 and 30, read alone and in conjunction with article 2 (1), of the Convention has been
sufficiently substantiated for the purpose of admissibility. The Committee nevertheless
considers that the claim based on articles 8, 27 and 30, interpreted in the light of article 24,
of the Convention has not been sufficiently substantiated and declares it inadmissible
pursuant to article 7 (f) of the Optional Protocol.
8.6
The Committee further considers that the authors’ claim of an alleged breach of the
international standard of free, prior and informed consent in the granting of the permit for
mineral exploration also raises, in substance, issues under articles 8, 27 and 30, read in
conjunction with article 12, of the Convention.
8.7
The Committee concludes that the communication is admissible insofar as it raises
issues under articles 8, 27 and 30, read alone and in conjunction with articles 2 (1) and 12, of
the Convention, and proceeds to its examination of the merits.
Consideration of the merits
9.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, in accordance with article 10 (1) of the Optional Protocol.
9.2
The Committee takes note of the authors’ general claim that, in the current
circumstances created by climate change and other outside threats to the sustainability and
transmission of Sami reindeer herding culture, the mineral exploration permit granted by the
State party for exploration for copper, iron and gold on their traditional territory during the
critical winter months in scarce winter herding pastures, without an impact assessment and
without obtaining the free, prior and informed consent of their community, violates their
fundamental rights under the Convention as children who are members of the Sami people.
In particular, the Committee takes note of the authors’ claim that the project would cause
irreparable harm to their reindeer herding community by disrupting the whole annual reindeer
herding cycle, making Sami reindeer herding unsustainable and therefore damaging a core
dimension of their rights, as Indigenous children, to be active and willing recipients of the
unhindered transmission of: (a) the Sami way of life (art. 30, concerning continuity of their
cultural heritage); (b) the Sami identity (art. 8); and (c) traditional Sami economic activities
based on reindeer herding (art. 27, concerning livelihood and adequate standard of living).
The Committee takes note of the authors’ argument that all those elements (culture, language,
identity and livelihood) are strongly dependent on traditional reindeer herding and that
reindeer herding is of significant importance for the maintenance and protection of traditional
knowledge for future generations. The Committee also takes note of the authors’ claim
relating to the intergenerational nature of Indigenous Peoples’ right to transmit their culture
to new generations and the fact that a chain of cultural transmission is interfered with much
earlier than an Indigenous culture is destroyed.
9.3
The Committee further takes note of the State party’s argument that, while
recognizing that traditional Sami livelihoods, including reindeer herding, constitute the
foundation of Sami cultural life and language, such that it is for the State party of paramount
importance to ensure the transfer of traditional reindeer herding to the next generations,
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