CRC/C/97/D/172/2022
exploration project on their traditional territory without a proper impact assessment and
without obtaining the free, prior and informed consent of their community. The authors
requested the adoption of interim measures to halt the exploration works. The Optional
Protocol entered into force for the State party in November 2015. The authors are represented
by counsel.
1.2
On 17 January 2022, pursuant to article 6 of the Optional Protocol, the Committee,
acting through its working group on communications, registered the communication and
decided to request the State party to submit preliminary observations on the authors’ request
for interim measures within 10 days. On 27 January 2022, the State party informed the
Committee that the works had been suspended in response to a request for interim measures
issued by the Committee on Economic, Social and Cultural Rights in respect of
communications No. 251/2022 and No. 289/2022,1 concerning the same Sami siida (small
group of kin- or village-based herders). On 15 March 2022, the Committee on the Rights of
the Child, acting through its working group on communications, decided not to issue a request
for interim measures.
1.3
On 17 March 2022, the State party requested the Committee to examine the question
of admissibility separately from the merits. On 7 November 2022, the Committee, acting
through its working group on communications, decided, pursuant to rule 18 (6) of its rules of
procedure under the Optional Protocol, to examine the admissibility of the communication
together with its merits.
Factual background
2.1
The authors are three sisters who were aged 13, 15 and 16 at the time of the initial
submission. They are members of a multigenerational Sami reindeer herding family from
Kova-Labba siida, which is one of the three traditional reindeer herding villages that are part
of the Käsivarsi Reindeer Herders’ Cooperative.2 Kova-Labba siida represents Sami reindeer
herding culture in Finland, based on the semi-nomadic herding of relatively small herds by
small kin- or village-based groups of herders, which have been living there since time
immemorial.
2.2
The authors submit that the Sami way of life is being challenged by outside threats to
their culture, such as mining, tourism, wind farms and rapidly changing environmental
conditions.3 In particular, their family has been forced to start providing additional food to
the reindeer, as the winters have varied in terms of snow conditions during the authors’
lifetimes, but providing additional food – with methods more similar to cattle breeding – does
not belong to traditional Sami reindeer herding. The authors are nevertheless determined to
learn the traditions of Sami reindeer herding, which is a cornerstone of the Sami culture and
way of life. Reindeer herding has been the culture, livelihood and identity of their family for
centuries. As such, they participate in reindeer herding during weekends and on school
holidays. During the summer, they participate in the earmarking of reindeer calves; their
father taught them at an early age how to cut their own individual earmarks, and each of the
authors has her own distinctive reindeer earmark based on the earmarks used in the family
for centuries. The authors are also actively teaching their younger brothers the Sami way of
life and reindeer herding and are involving them.
2.3
The authors have also learned from an early age, from older family members, the
traditional Sami way of singing (luohti yoik), which is used by women in the fells during their
1
2
3
2
E/C.12/76/D/251/2022-E/C.12/76/D/289/2022.
The cooperative is an administrative division of the State party.
Referring to the Committee’s findings in Sacchi et al. v. Argentina (CRC/C/88/D/104/2019), the
authors mention that the fact that Finland is the fifty-seventh largest emitter of carbon dioxide among
all countries in absolute terms, and twenty-ninth per capita, supports the argument that the mineral
exploration project described in the present communication violates the Convention in the current
circumstances created by climate change. While the authors understand that mitigating climate
change requires replacing fossil fuels with renewable energy, they fear that badly chosen forms of
transition may have a serious impact on their culture if the transition entails mining (to acquire battery
minerals for electric cars and solar panel systems) and the creation of windmill parks on the Sami
territory, which is already subject to other great pressures.