UN Committees Criticize Finland for Violating Sámi Indigenous Rights in Mineral Exploration Cases

The CESCR concluded that Finland's failure to legally recognize Indigenous Peoples' rights to their traditional lands undermined the Sámi people's ability to enjoy their rights equally.

Finland has been found in violation of the rights of Sámi Indigenous people regarding culture and land use, following the granting of mineral exploration permits without proper impact assessments or adequate participation processes, according to two UN Committees. The findings were published today by the UN Committee on the Rights of the Child (CRC) and the UN Committee on Economic, Social and Cultural Rights (CESCR).

The complaints stem from three cases filed by members of the Kova-Labba Siida Sámi semi-nomadic herding community, including three minor sisters aged 13, 15, and 16. These cases were brought before the committees in 2021 and 2022, focusing on mining projects approved on their traditional territory. Two cases specifically address the granting of mineral exploration permits, while a third relates to the allocation of a reservation area on Sámi lands—all actions taken without the requisite impact assessments or effective participation from the community.

Findings from the Committees

The CESCR concluded that Finland's failure to legally recognize Indigenous Peoples' rights to their traditional lands undermined the Sámi people's ability to enjoy their rights equally. The committee emphasized the urgent need for Finland to initiate legal recognition processes that acknowledge the collective ownership of these lands, thus facilitating the Sámi people's right to self-determination.

The CRC highlighted the detrimental effects of the mineral exploration works on the cultural continuity of the Sámi community, particularly for Indigenous children. The committee noted that the absence of proper impact assessments and participation processes violated these children's rights to enjoy their culture, amounting to intersectional discrimination.

“The preservation of the cultural identity of Indigenous children is crucial, as they represent the continuity of their distinct people. States must promote Indigenous children’s consultation on all matters affecting them, including issues concerning their traditional territories and environment,” stated the CRC.

Recommendations for Finland

In light of these findings, both committees urged Finland to provide effective reparations to the complainants for the violations suffered. This includes a thorough review of the decisions regarding the mineral exploration project, ensuring adherence to an adequate process of free, prior, and informed consent, along with an independent assessment of the impact on the rights of the Sámi people.

The CRC emphasized the importance of placing Indigenous children at the center of all processes affecting them, from impact assessments to participation in decision-making.

These decisions underscore the necessity for Finland to respect and protect the rights of Sámi Indigenous people, particularly regarding their traditional lands and cultural identity. By prioritizing legal recognition and effective participation, Finland can work towards fulfilling its commitments under international human rights agreements, ensuring a sustainable future for the Sámi community.