The Sámi Parliament has released a webinar discussing UN findings regarding the Mining Act in Finland – “Scandalous how the first exploration permit immediately led to a human rights violation”

On its YouTube channel, the Sámi Parliament of Finland has released a webinar discussing the findings issued by the United Nations in October 2024 on the Mining Act in Finland. The findings were damning for the Finnish state, and successful from a Sámi rights perspective. A large portion of the condemnatory UN findings received by Finland in recent years concern Sámi affairs.

Talvimaisema Saana tunturista
Kuva: Johanna Labba

The webinar is an informational release regarding the findings issued by the United Nations in October 2024 concerning mining issues in the Sámi region. The findings concerned a mineral exploration permit and area reservation in the Käsivarsi region of northwestern Finland.

In the webinar, the subject is discussed by Pirita Näkkäläjärvi, President of the Sámi Parliament; and Martin Scheinin, professor of international law and human rights.

Two human rights treaties violated by Finland, findings state

The findings by UN treaty supervisory bodies state that Finland has violated two international human rights treaties: the Convention on the Rights of the Child (CRC), and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The grounds of violation as declared by the committees are as follows: in the issuing of the mineral exploration permit and area reservation, no impact assessment was made; no free, prior and informed consent was obtained; and no Sámi children were engaged in the making of decisions affecting them.

Scheinin: The right of indigenous communities to transmit culture to the newest and future generations is an integral part of cultural preservation

Professor Martin Scheinin, who represented the complainants in this case, considers the findings to hold great significance in regards to the protection of indigenous rights granted by universal human rights treaties.

– These findings bring the interpretation of CRC and ICESCR in line with the long-standing interpretation of the UN Human Rights Committee in regards to the International Covenant on Civil and Political Rights (ICCPR). The right to culture safeguards the distinctiveness of indigenous communities, their rights to lands and natural resources, and traditional, community-based livelihoods. The right of indigenous communities to transmit culture to the newest and future generations is an integral part of cultural preservation. Indigenous communities enjoy the right of peoples to self-determination. Climate change threatens the distinct indigenous form of culture and thereby broadens the obligations of the state not only to refrain from disrupting traditional livelihoods, but also safeguard them using positive measures, says Scheinin.

Näkkäläjärvi: Findings may lead to changes in legislation

Sámi Parliament President Pirita Näkkäläjärvi considers these UN regulatory bodies’ findings regarding mining issues to hold great significance for Sámi rights.

–The 2016 mineral exploration permit was the first such permit issued in the Sámi region under the new Mining Act. It is quite scandalous that this immediately led to a human rights violation, says Näkkäläjärvi.

The Sámi Parliament expects the UN findings regarding mining issues to lead to changes in mining permits currently being processed, as well as changes in legislation.

Findings are hoped to act as a deterrent

The Sámi region attracts constant interest from mining companies. Recent years have seen popular movements opposing mining projects, e.g. in Utsjoki and Enontekiö.

Näkkäläjärvi views that the UN findings will aid in protecting the delicate nature in the Sámi region, traditional Sámi livelihoods, and the Sámi way of life.

– We believe that the UN findings will act as a deterrent to any international and domestic mining companies planning mining projects in the Sámi region. The findings indicate that indigenous peoples enjoy robust rights in their own ancestral areas. These can not be ignored, says Sámi Parliament President Näkkäläjärvi.

Finland continues to receive condemnatory UN findings concerning Sámi affairs

In UN individual complaint proceedings, Finland has been found subject of ten violations roughly within the past five years. Six of these concern Sámi affairs: The Sámi Parliament electoral roll, and mineral exploration in the Sámi region.

– The condemnatory findings received by Finland concerning Sámi affairs could have been avoided by listening to Sámi communities, Sámi children, and the official representative of the Sámi people, i.e. the Sámi Parliament, says Sámi Parliament President Pirita Näkkäläjärvi.

The webinar was recorded on 7 January 2025. The webinar is available in Finnish https://www.youtube.com/watch?v=J_PgSF_F618 and in English https://www.youtube.com/watch?v=3IdnkDHgRbY.

 

UN findings:

UM 1010.2024: UN treaty bodies issue three views concerning granting of mineral exploration permits and reservations on traditional Sami territory https://valtioneuvosto.fi/en/-/un-treaty-bodies-issue-three-views-concerning-granting-of-mineral-exploration-permits-and-reservations-on-traditional-sami-territory

UN 10 Oct 2024: Finland must respect the rights of Sámi Indigenous people to traditional lands: UN Committees find https://www.ohchr.org/en/press-releases/2024/10/finland-must-respect-rights-sami-indigenous-people-traditional-lands-un

 

Additional information

Pirita Näkkäläjärvi
President of the Sámi Parliament (on leave 20 Jan – 30 Nov 2025)
pirita.nakkalajarvi@samediggi.fi
+358 44 7533 766

Tuomas Aslak Juuso
II Vice President of the Sámi Parliament (Deputy President 20 Jan – 30 Nov 2025)
tuomas.juuso@samediggi.fi
+358 40 687 3394


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