Finnish Clearcutting Indigenous Lands
5/23/96
OVERVIEW, SOURCE & COMMENTARY by EE
The Taiga Rescue Network reports on clearcutting of Finnish indigenous
lands. Despite UN Human Rights Committee appeals, the Finnish Government
continues to log reindeer herding lands of the Sami people. This article
was posted in econet's taiga.news conference. The Taiga Rescue Network
operates a list server which sends occasional Urgent alerts relating to
temperate forest conservation. You can join the list by emailing:
taiga@nn.apc.org
g.b.
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/** taiga.news: 283.0 **/
** Topic: CLEARCUTTING FINNISH SAMI LAND **
** Written 1:36 PM May 8, 1996 by nn:rogols in cdp:taiga.news **
Finland
Clearcutting Sami land despite UN appeal
/From Taiga News no 17/
APPEALS FROM THE UNITED NATIONS Human Rights Committee did not help. This
winter, the Finnish Government forest autority (Metsdhallitus) has been
logging in the reindeer herding lands of the Sami close to Angeli village
in northernmost Finland.
Having exhausted all possible domestic legal measures, the local Sami tried
to prevent logging in the area through a complaint to the UN Human Rights
Committee. Last November, the Committee issued a decision on interim
measures of protection, asking the Government to refrain from any measures
that could cause irreparable damage. Despite this decision, the Government
forest authority started logging. According to the plans, some 13.000 cubic
metres were to be cut from an area of approximately 250 hectares. More than
80 per cent of the harvest is pulpwood, bought by state-owned Enso and the
private corporation UPM-Kymmene.
VALUABLE OLD GROWTH FOREST
The forest in question is growing on rather high altitude. Because the
trees grow very slowly, they are rich with lichens that is an important
emergency resource for the reindeer. (The area is also defined as old
growth forest with high conservation values in a survey made by the Finnish
NGO Nature League.) The lands is part of the most important winter herding
lands of the local Sami (the Muotkatunturi Herdsmen). Many experts fear
that the forest will never recover.
Another logging controversy pending in the domestic court of first
instance relates to the Mirhami area, part of the herding lands of the
Sallivaara Herdsmen. Also this area is close to the treeline and of great
importance for Sami reindeer herding. The Government forest authority
intends to start logging in May 1996, clear-cutting 270 hectares. The
court of first instance has decided on a temporary injunction.
In both cases the Sami fear that Metsdhallitus will pursue with further
logging if allowed to finish these pilot projects. The forest authority has
previously conducted wide-scale logging in many other Sami areas.
ADVERSE CONSEQUENCES ADMITTED
Finland is a party to the Covenant on Civil and Political Rights (CCPR) and
a number of other human rights treaties. Is is widely understood that
article 27 of the CCPR protects the traditional way of life of minorities
and indigenous peoples as an essential part of their culture. For the Sami,
an Arctic indigenous people, particularly reindeer herding, and also
fishing and hunting, are parts of their culture. Article 27 of the CCPR has
been approved as a legal basis for Sami rights also by Finnish courts. In
the Angeli Forestry Case the Rovaniemi Court of Appeal stated, on 16 June
1994, that the provision, incorporated into Finnish law, formed sufficient
grounds for the legal standing of Sami individuals to sue the Government
forest auhority in order to prevent logging and road construction in Sami
reindeer herding lands. The Court listed a number of adverse consequences
logging would cause to the local Sami. Despite these consequences the Court
came to the conclusion that the projected logging would not amount to "a
denial" of the plaintiffs to enjoy their culture together with other Sami.
On 22 June 1995, the Supreme Court upheld the judgment.
MINING - A GROWING THREAT
In addition to clear-cut logging, mining activities seems to be a
growing threat to the Sami way of living. After Finland entered the
European Union foreign and multinational mining companies have shown
considerable interest in Finnish mineral resources. The Ministry of Trade
and Industry seems to approve practically all claims made. Each claim
usually cover an area of one square kilometre (100 hectares), and the total
number of new claims approved by the Ministry of Trade and Industry within
the Sami homeland is more than 100 square kilometres. Already, the Sami
have filed administrative complaints against 130 such decisions by the
Ministry, because they fear considerable harm for reindeer herding. Article
27 of the CCPR has a central place in their argumentation. The Supreme
Administrative Court is expected to decide on the cases in 1996.
Martin Scheinin
Department of Public Law
University of Helsinki
E-mail: Martin.Scheinin@helsinki.fi