The rights of reindeer herding
In 1978 the Sámi conference (joint conference for the Sámi organisations in four countries) agreed on a list of Sámi sources of livelihood, basic sources of income that use natural recourses according to the Sámi ecological tradition and support the Sámi culture. Reindeer herding is one of the named Sámi sources of livelihood and thus an expression of the Sámi culture. That is why the position of Sámi people's reindeer herding is ensured with many national and international conventions, laws and statutes in addition to the Finnish law on reindeer husbandry (848/1990).
The law on reindeer husbandry 848/1990
(unofficial translation)
2 § Reindeer herding area: In the area specially reserved for reindeer herding "the state-owned land cannot be used so that the use causes remarkable harm for reindeer herding."
3 § The right to practice reindeer husbandry: "Within the limitations set in this law, reindeer husbandry can be practised in the reindeer herding area independent of land ownership and governance rights."
6 § Reindeer herding co-operative: "The herding co-operative can be a legal actor in local reindeer herding issues and get rights and make commitments to fulfil its tasks set by this law."
53 § Negotiation responsibility: "When planning operations concerning state lands, that would considerably affect reindeer herding, state officials have to negotiate with representatives of the local herding co-operatives."
Government's proposal 309/1993 comments of the parliamentary committee for constitutional law 44/1996 vp (Government's proposal 229/1996 vp.), memorandum of the parliamentary committee for constitutional law 17/1994 vp, Government's proposal 248/1994 vp
Traditional sources of livelihood such as reindeer herding, hunting and fishing are a part of the Sámi culture.
The Finnish constitution 2000
The Sámi, as an indigenous people, as well as the Roma and other groups, have the right to maintain and develop their own language and culture. Provisions on the right of the Sámi to use the Sámi language before the authorities are laid down by an Act.
International Labour Organisation, C169 Indigenous and Tribal Peoples Convention, 1989
PART II. LAND
Article 13: "1. In applying the provisions of this Part of the Convention governments shall respect the special importance for the cultures and spiritual values of the peoples concerned of their relationship with the lands or territories, or both as applicable, which they occupy or otherwise use, and in particular the collective aspects of this relationship.
2. The use of the term lands in Articles 15 and 16 shall include the concept of territories, which covers the total environment of the areas which the peoples concerned occupy or otherwise use."
Article 14: "1. The rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognised. In addition, measures shall be taken in appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities. Particular attention shall be paid to the situation of nomadic peoples and shifting cultivators in this respect.
2. Governments shall take steps as necessary to identify the lands which the peoples concerned traditionally occupy, and to guarantee effective protection of their rights of ownership and possession."
Article 15: "1. The rights of the peoples concerned to the natural resources pertaining to their lands shall be specially safeguarded. These rights include the right of these peoples to participate in the use, management and conservation of these resources.
2. In cases in which the State retains the ownership of mineral or sub-surface resources or
rights to other resources pertaining to lands, governments shall establish or maintain
procedures through which they shall consult these peoples, with a view to ascertaining
whether and to what degree their interests would be prejudiced, before undertaking or
permitting any programmes for the exploration or exploitation of such resources pertaining to
their lands. The peoples concerned shall wherever possible participate in the benefits of
such activities, and shall receive fair compensation for any damages which they may sustain
as a result of such activities."
International Covenant on Civil and Political Rights,
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 23 March 1976, in accordance with Article 49
Article 27: "In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language."
Rio Declaration on Environment and Development, The United Nations Conference on Environment and Development, 1992
Principle 22
Indigenous people and their communities and other local communities have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.
Statute on the state forestry enterprise Metsähallitus N:o 1525/1993
(unofficial translation)
11 §, Guaranteeing the status of the Sámi culture:
In the Sámi homeland area defined in the law about using the Sámi language with official instances (516/91), the management, use and protection of natural resources under control of Metsähallitus are arranged so that the preconditions of traditional means of living and the Sámi culture are secured.
Metsähallitus may appoint co-operation groups to the Sámi homeland area, with representation from the service and from the local population.
Agreement of Finland to join the European Union, Protocol no. 3 concerning Sámi people
(unofficial translation)
Finland and Sweden have obligations towards the Sámi. They have committed to the development of the Sámi sources of livelihood, language, culture and way of life, and see to it, that the Sámi culture is dependant on reindeer herding among other things. Because of this, it is agreed that the Sámi can be granted exclusive rights to practice reindeer herding in the Sámi homeland area without obstruction of the founding treaty of the Union.
United Nations Human Rights Committee, Ilmari Länsman et al. vs. Finland, 26.10.1994 (511/1992)
Examination of the merits:
"9.3 ... The right to enjoy one's culture cannot be determined in abstracto but has to be placed in context. In this connection, the Committee observes that article 27 does not only protect traditional means of livelihood of national minorities, as indicated in the State party's submission. Therefore, that the authors may have adapted their methods of reindeer herding over the years and practice it with the help of modern technology does not prevent them from invoking article 27 of the Covenant. Furthermore, mountain Riutusvaara continues to have a spiritual significance relevant to their culture. The Committee also notes the concern of the authors that the quality of slaughtered reindeer could be adversely affected by a disturbed environment."
"9.5 ... The Committee recalls paragraph 7 of its General Comment on article 27, according to which minorities or indigenous groups have a right to the protection of traditional activities such as hunting, fishing or, as in the instant case, reindeer husbandry, and that measures must be taken 'to ensure the effective participation of members of minority communities in decisions which affect them'."
"9.8 With regard to the authors' concerns about future activities, the Committee notes that economic activities must, in order to comply with article 27, be carried out in a way that the authors continue to benefit from reindeer husbandry. ... "
United Nations Human Rights Committee, Jouni E Länsman et al. vs. Finland, 22.11.199 (671/1995)
Examination of the merits:
"10.7 The Committee considers that if logging plans were to be approved on a scale larger than that already agreed to for future years in the area in question or if it could be shown that the effects of logging already planned were more serious than can be foreseen at present, then it may have to be considered whether it would constitute a violation of the authors' right to enjoy their own culture within the meaning of article 27. The Committee is aware, on the basis of earlier communications, that other large scale exploitations touching upon the natural environment, such as quarrying, are being planned and implemented in the area where the Sámi people live. Even though in the present communication the Committee has reached the conclusion that the facts of the case do not reveal a violation of the rights of the authors, the Committee deems it important to point out that the State party must bear in mind when taking steps affecting the rights under article 27, that though different activities in themselves may not constitute a violation of this article, such activities, taken together, may erode the rights of Sámi people to enjoy their own culture."
Supreme Administrative Court's decisions 692 and 693, 31.3.1999
(unofficial translation)
Finding of the court:
"In its decision, the supreme administrative court considers that the ministry [of trade and industry] should have assessed the effects of the mining claims to the practice of reindeer herding of the Sámi people."
"When processing mining claim applications, it should be considered whether it is necessary for securing the preconditions of reindeer herding, to reject the application or to set limitations the claim dependant actions to certain times or locations, as the reindeer herding co- operatives have stated in their memorandum to the ministry of trade and industry. In addition, it has to be taken into account what existing claims there are in areas important for reindeer herding and how large and sensitive the applied areas are. Other forms of land use that may disturb reindeer herding in the area have to be considered as well. ..."
Assistant Parliamentary Ombudsman's decision 27.4.1999 Dnro 240006/4/96
(unofficial translation)
In his decision about the preparation of decisions governing reindeer herding in general, the parliamentary ombudsman finds that many memorandums of the parliamentary committee for constitutional law highlight the strive for co-operation and giving real possibilities to affect decision making for the Sámi cultural parliament. He also notes that "I, in any case, consider it to be in line with the spirit of the Sámi people's cultural autonomy act that the particularities of the Sámi culture are to be taken into account also in the preparation of legislation and other guidance of reindeer husbandry."
The responsibilities of reindeer husbandry – Other laws directing reindeer herding
Other laws that affect and control reindeer herding include the reindeer herding act, the occupational safety act, animal protection law, veterinary medicine act, animal pest act, medicinal law, the law on grocery products, the laws governing inspection of meat and milk, the rural livelihood law, the farmers pension act, the off road traffic law, weapon law, hunting law, forest law, water law, recreational land use law and the road traffic law. Apart from these reindeer husbandry must comply to various statutes, orders and directives of the European Union.
Finnish National Forest Certificating System (FFCS)
The Finnish National Forest Certifying System (FFCS) has been accredited as a part of the Pan European Forest Certification –certifying system 24.5.2000. The certifying criteria 36 and 37 address the possibilities for reindeer herding and the fitting together of forest economy and reindeer husbandry. Their implication is controlled at the level of a district forest owners association.
36. In the Sámi homelands the management, use and protection of natural resources administered by the Finnish state forestry enterprise Metsähallitus is harmonised in cooperation with Sámi representatives such that the conditions for the practising of traditional livelihoods and the Sámi culture are maintained.
37. In the State's forest areas forestry measures and reindeer farming are harmonised by recourse to local co-operation.
There was no agreement between the Finnish state forestry enterprise Metsähallitus and reindeer herders before the certification came to power. Only on the 27.2.2002 The Association of Reindeer Herding Co-operatives and Metsähallitus signed a contract aimed to improve the co-operation between forestry and reindeer herding and harmonise their premises.
According to Metsähallitus's publication, the harmonisation of forestry and reindeer husbandry happens in annual negotiations with reindeer herding co-operatives, where the coming years forestry plans are introduced and the actions done after the previous year's negotiations reviewed. Here it is agreed how to co-operate at sites important for reindeer husbandry. The aim is to co-operatively develop methods of forestry, which takes the needs of reindeer herding into account. There is an advance notice about building roads or opening winter roads.
The Upper Lapland was left outside the negotiations in consensus, for there are land ownership issues still to be cleared. The intention is that there are local agreements between Metsähallitus and the region's herding co-operatives. However, such agreements do not exist.
Metsähallitus started negotiations with the Hammastunturi herding co-operative in the spring of 2001. These negotiations are still ongoing as is the logging based on the Metsähallitus's unilateral decisions.
In the area of the Muotkatunturi co-operative, there is an ongoing court case about the loggings. The United Nations Council for Human Rights has asked the Finnish government to withhold of any forestry activities in the reindeer herding area of Angeli, until the complaint has been considered in court. Metsähallitus is logging at the area according to its own decisions despite the herding co-operatives protests.
The negotiations with the herding co-operatives concern mainly the timing of pre-planed loggings. The issues, that the co-operatives would like to see on the agenda, are agreed on a level where the co-operatives have no representation. In some cases the co-operatives are represented by their Association, but with its strong governmental association and non-representative structure, its hands are tied.