CRC/C/97/D/172/2022
reindeer watch to scare away predators. In addition, as girls, they bear a special responsibility
in accordance with Sami traditions for the production of traditional Sami handicrafts (duodji).
From an early age, the authors have been taught by older women in their family and are now
able to create everything themselves, from traditional reindeer fur boots (nuvttohat) to the
traditional outfit worn in ceremonial contexts (gákti). As reindeer provide a range of materials
for traditional handcrafts, including fur, skin, veins and bones, if traditional reindeer herding
is lost, the Sami culture will suffer as well. In the same way, their mother tongue, Northern
Sami, is a language deeply rooted in nature: the entire vocabulary of reindeer herding consists
of Northern Sami words,4 and children do not learn that vocabulary other than by being part
of the reindeer herding community. There is no future for their mother tongue if there is no
place for traditional reindeer herding because of activities negatively affecting their ancestral
territories.
2.4
On 28 March 2014, the Geological Survey of Finland, an agency under the Ministry
of Economic Affairs and Employment, applied for a mineral exploration permit for a project
called “Lätäs 1”, requesting permission for exploration works for gold, copper and iron,
entailing the drilling of 100- to 300-metre-deep holes into the bedrock in about 20 different
locations within an area of 390 hectares on the authors’ traditional reindeer herding territory.
2.5
As the Mining Act (No. 621/2011) requires the State party to identify the impacts of
mining or exploratory activities on the right of the Sami to maintain their culture, the Safety
and Chemicals Agency, the State party’s mining authority, sought written comments in
October and November 2014 from the Sami Parliament and the Käsivarsi Reindeer Herders’
Cooperative and invited them to participate in meetings on 17 May 2015 and 17 May 2016.
Kova-Labba siida was not specifically invited to provide comments or to participate in the
meetings.
2.6
The Käsivarsi Reindeer Herders’ Cooperative, acting on behalf of its members,
including the authors, opposed the approval of the permit due to the harm that the mineral
exploration works would cause to them and due to the lack of effort that the State party had
made to obtain their free, prior and informed consent. The Sami Parliament stated on three
occasions – 13 November and 15 December 2014 and 22 June 2016 – that, given the lack of
an assessment of the consequences for Sami reindeer herding, 5 the basic preconditions for
free, prior and informed consent did not exist. Indeed, only once an assessment has been
completed should the State party’s mining authority request the opinion of the Sami
Parliament.
2.7
On 7 July 2016, the Safety and Chemicals Agency granted a permit to the Geological
Survey of Finland, renewable for up to 15 years, finding that the application met the
requirements of the Mining Act.
2.8
The planned exploration is to be carried out in the heart of the authors’ winter herding
lands, every winter. According to the authors, winter is the worst possible time for the
exploration work as regards traditional reindeer herding. Indeed, the winter months are the
most critical for the survival of the reindeer, which have to dig through thick snow in order
to reach ground lichen or, where pristine forests can be found, to feed on the lichen that grows
on the branches of old trees. According to the authors, winter and “spring-winter” are
therefore challenging seasons for reindeer and reindeer herding because the snow cover is at
its thickest; to get the reindeer to graze during winter is very sensitive work, and the grazing
can be easily disturbed. 6 Moreover, the project entails bringing into the pristine natural
4
5
6
For instance, there are over 200 words just for describing snow; every part of nature and every
landscape is known only in the Northern Sami language.
The State party’s mining authority must, in accordance with decision KHO:2014:111 of the Supreme
Administrative Court, assess the impact of the project on the rights of the Sami as an Indigenous
People.
The authors submit that, while traditional Sami reindeer herding is dependent on normal – variable
but predictable – winter and snow conditions (which determine the reindeer’s ability to graze), the
body mass of the reindeer decreases during winters with difficult snow conditions, resulting in
reduced calf production in the spring and miscarriages. Good grazing conditions are formed when the
snow is dry and granular in early winter, the ground is properly frozen before snowfall and the snow
3