CCPR/C/83/D/1023/2001
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9.4 The Committee proceeds to a consideration of the merits of the claims relating to the
effects of past logging in the Pyhäjärvi, Kirkko-outa and Paadarskaidi areas.
Consideration of the merits
10.1 As to the claims relating to the effects of logging in the Pyhäjärvi, Kirkko-outa and
Paadarskaidi areas of the territory administered by the Muotkatunturi Herdsmen’s
Committee, the Committee notes that it is undisputed that the authors are members of a
minority within the meaning of article 27 of the Covenant and as such have the right to enjoy
their own culture. It is also undisputed that reindeer husbandry is an essential element of their
culture and that economic activities may come within the ambit of article 27, if they are an
essential element of the culture of an ethnic community. 6 Article 27 requires that a member
of a minority shall not be denied the right to enjoy his culture. Measures whose impact
amounts to a denial of the right are incompatible with the obligations under article 27. As
noted by the Committee in its Views on case no. 511/1992 of Länsman et al. v. Finland,
however, measures with only a limited impact on the way of life and livelihood of persons
belonging to a minority will not necessarily amount to a denial of the rights under article 27.
10.2 The Committee recalls that in the earlier case no. 511/1992, which related to the
Pyhäjärvi and Kirkko-outa areas, it did not find a violation of article 27, but stated that if
logging to be carried out was approved on a larger scale than that already envisaged or if it
could be shown that the effects of logging already planned were more serious than can be
foreseen at present, then it may have to be considered whether it would constitute a violation
of article 27. In weighing the effects of logging, or indeed any other measures taken by a
State party which has an impact on a minority’s culture, the Committee notes that the
infringement of a minority’s right to enjoy their own culture, as provided for in article 27,
may result from the combined effects of a series of actions or measures taken by a State party
over a period of time and in more than one area of the State occupied by that minority. Thus,
the Committee must consider the overall effects of such measures on the ability of the
minority concerned to continue to enjoy their culture. In the present case, and taking into
account the specific elements brought to its attention, it must consider the effects of these
measures not at one particular point in time – either immediately before or after the measures
are carried out - but the effects of past, present and planned future logging on the authors’
ability to enjoy their culture in community with other members of their group.
10.3 The authors and the State party disagree on the effects of the logging in the areas in
question. Both express divergent views on all developments that have taken place since the
logging in these areas, including the reasons behind the Minister’s decision to reduce the
number of reindeer kept per herd: while the authors attribute the reduction to the logging, the
State party invoke the overall increase in reindeer threatening the sustainability of reindeer
husbandry generally. While the Committee notes the reference made by the authors to a
report by the Finish Game and Fisheries Research Institute that “loggings – even those
notified as relatively mild – will be of greater significance for reindeer husbandry” if such
husbandry is based on natural pastures only (supra 8.8), it also takes note of the fact that not
only this report but also numerous other references in the material in front of it mention other
factors explaining why reindeer husbandry remains of low economic profitability. It also
6
Views on case no. 197/1985 (Kitok v. Sweden), Views adopted 27 July 1988, para. 9.2; on
case No. 511/1992 (I. Länsman et al. v. Finland), adopted 26 October 1994, paragraph 9.2.