E/C.12/76/D/251/2022
E/C.12/76/D/289/2022
(communication No. 251/2022) and in which they are not recognized as an interested party
in the granting of a reservation (communication No. 289/2022), which has the effect of
nullifying the recognition of the rights of Indigenous Peoples to their traditional territories
and natural resources and their enjoyment or exercise of those rights. 35 The Committee,
therefore, considers that the State party has not demonstrated how, in the processes of
granting the permit and the reservation under the Mining Act, the authors’ rights under
article 15 (1) (a), read in conjunction with article 2 (2), of the Covenant were adequately
taken into account.
E.
Conclusion and recommendations
15.
The Committee, acting under article 9 (1) of the Optional Protocol, is of the view that
the facts and information before it disclose a violation of article 15 (1) (a), read alone and in
conjunction with articles 1, 2 (2) and 11, of the Covenant.
Recommendations in respect of the authors
16.
The State party should provide the authors with effective reparation for the violations
suffered, including through an effective review of the decisions concerning the mineral
exploration project and the area reservation, based on an adequate process for free, prior and
informed consent, accompanied by an independent assessment of the impact on their rights.
General recommendations
17.
The State party is under an obligation to take all steps necessary to prevent similar
violations from occurring in the future. In this regard, the State party is requested to pursue
its efforts to amend its legislation and administrative procedures to enshrine therein the
international standard of free, prior and informed consent and to include therein provision for
environmental, social and cultural impact assessments.36 The State party is also requested to
initiate the process of legal recognition of the rights of Indigenous Peoples to their traditional
lands, including through collective ownership.
18.
In accordance with article 9 (2) of the Optional Protocol and rule 21 (1) of the rules
of procedure under the Optional Protocol, the State party is requested to submit to the
Committee, within a period of six months, a written response, including information on
measures taken in follow-up to the Views and recommendations of the Committee. The State
party is also requested to publish the present Views, to have them translated into the official
languages of the State party and into Northern Sami and to distribute them widely, in an
accessible format, so that they reach all sectors of the population.
35
36
GE.24-18518
Committee on the Elimination of Racial Discrimination, Ågren et al. v. Sweden, para. 6.7.
E/C.12/FIN/CO/7, paras. 50 and 51.
17