E/C.12/76/D/251/2022 E/C.12/76/D/289/2022 that work must be carried out outside the calving season, limited during times important for reindeer husbandry and commenced only after areas possibly containing reindeer had been cleared in advance; that the permit holder must secure agreement, at the local level, on the means by which the harmful movement of reindeer from one area to another were to be prevented; that the permit holder must notify the cooperative and the siida of the date and time of any exploration activities in advance; and that the permit holder must ensure that any tracks left by snowmobiles or tracked vehicles that were temporarily visible in the area or disturbances caused by off-road traffic did not increase the uncontrolled movement of reindeer from one area to another; and (c) that the exploration work was to be carried out over a relatively small area. The authors note that the Court compared the exploration area not with the size of Kova-Labba Siida but with the size of the Käsivarsi Reindeer Herders’ Cooperative, consisting of Kova-Labba Siida and two other villages. 2.11 The authors submit that the Safety and Chemicals Agency granted the Geological Survey of Finland an exploration permit in respect of an area within their traditional reindeer herding lands without a proper assessment of the adverse impact of the exploration activities on Sami reindeer herding and without good faith efforts to obtain their free, prior and informed consent. The obligations arising from the Mining Act regarding the impact assessment must be interpreted in the light of international standards on Indigenous rights. However, the State party replaced the impact assessment with a pro forma consultation. Moreover, given that the Sami should be consulted on the basis of an impact assessment, the procedure followed before the permit was issued did not meet the standards of free, prior and informed consent. 2.12 The authors argue that the exploration permit area is in the heart of their winter herding lands. The winter months are critical for reindeer’s survival. Indeed, in winter, snow cover is at its thickest, and the reindeer have either to dig through layers of snow to reach the ground lichen or, in pristine forests, to feed on the lichen growing on the branches of old trees. Moreover, climate change-induced frozen and mouldy pastures and extreme snow conditions add to the difficulties of reindeer herding. Ensuring that the reindeer graze in winter is very delicate work; grazing can be easily disturbed. The presence of heavy machinery, support vehicles and workers and the tracks left in the snow would cause great harm to the herders. Allowing the herds to leave their natural winter grazing areas would disrupt the annual cycle between seasonal herding lands and thus the sustainable use of scarce natural resources. The provisions of the exploration permit aimed at reducing damage to reindeer herding are impossible to enforce in practice, considering the natural environment and reindeer behaviour. In addition, the herders’ working conditions would become more demanding and, despite all their extra effort, the benefits of the work, including remuneration, would be less than would otherwise be the case. This would make Sami reindeer herding unsustainable. 2.13 The authors submit that all domestic remedies have been exhausted, as they appealed against the exploration permit to the Supreme Administrative Court, the highest competent court, explicitly invoking the same substantive rights that are invoked in the communication: their rights to take part in the cultural life of their community, to property, not to be discriminated against and to work or livelihood of their choice. Communication No. 289/2022 2.14 On 16 March 2022, a private mining company, Element 92 Suomi Oy, submitted an application to the Safety and Chemicals Agency to reserve 284 km² in Kova-Labba Siida for the purpose of surveying the area for battery minerals (nickel, copper and cobalt). 2.15 On 20 April 2022, the Safety and Chemicals Agency granted a reservation, in respect of an area called “Ruossakero”, for a period of two years. 2.16 The company did not make any contact with the authors before or after submitting the application, and the mining authority did not contact them before or after taking its decision. 2.17 Under the Mining Act, exploration can be carried out with the consent of the landowner. The owner of the Sami lands in question is the Forest Agency, meaning that the State can determine the nature and scope of the reserving company’s exploration works on the authors’ traditional lands, including highly intrusive operations such as the use of heavy 4 GE.24-18518