CCPR/C/83/DR/1023/2001
Page 9
The State party’s merits submission
7.1 On 1 October 2003, the State party submitted comments on the merits and requested the
Committee to review its previous decision on admissibility for failure to exhaust domestic
remedies. It recalls that complex questions such as the issue of the alleged effects of logging
proceedings in the present case must and can be thoroughly investigated, for example through
expert and witness testimonies, on-site inspections and specific information on local
circumstances. It is unlikely that all the necessary information could be obtained outside
national court proceedings. The present case does not show any special circumstances which
might have absolved the authors from the requirement of exhausting the domestic remedies at
their disposal. The authors could take a civil action for damages against the State in a District
Court at first instance, if necessary, on appeal in the Court of Appeal, and subject to leave to
appeal in the Supreme Court.
7.2 On the merits, the State party acknowledges that the Sami community is an ethnic
community within the meaning of article 27, and that the authors, as members of that
community, are entitled to protection under this provision. It reviews the Committee's
jurisprudence on article 27 of the Covenant. 4 and concedes that the concept of "culture"
within the meaning of article 27 covers reindeer husbandry, as an essential component of the
Sami culture.
7.3 The State party admits that "culture" within the meaning of article 27 provides for
protection of the traditional means of livelihood for national minorities, in so far as they are
essential to the culture and necessary for its survival. Not every measure or its consequences,
which in some way modify the previous conditions, can be construed as a prohibited
interference with the right of minorities to enjoy their own culture. The State party refers to
General Comment on article 27, adopted in April 1994, which acknowledges that the
protection of rights under article 27 is directed to ensuring "the survival and continued
development of the cultural, religious and social identity of the minorities concerned"
(paragraph 9). It invokes the ratio decidendi of the Committee's Views in I. Länsman et al. v.
Finland 5 , where the Committee held that States parties may wish to encourage economic
development and allow economic activity, and that measures which have a certain limited
impact on the way of life of persons belonging to a minority do not necessarily violate article
27.
7.4 The State party notes that the areas referred to in the communication is owned by the
State and under the administration of the National Forestry and Park Service which is
entitled, inter alia, to log forests and construct roads at its discretion - with due regard to the
relevant provisions of national legislation and international treaties. In the State party’s view,
due care was exercised for all logging operations carried out in State-owned forests in
northern Finland. In the past few years, logging operations have mainly been carried out for
the purposes of thinning forests to ensure proper growth.
7.5 The State party points out that the size of the territory administered by the
Muotkatunturi Herdsmen's Committee is relevant. The surface of the land area administered
4
Views on Cases Nos. 167/1984 (B. Ominayak and members of the Lubicon Lake Band v.
Canada), 197/1985 (Kitok v. Sweden) and 511/1992 (I. Länsman v. Finland).
5
Supra