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The Dangers of Distant Evidence : The UN Human Rights Committee’s Individual Communications, 512, 000 Potential New Sámi Voters and Other ‘Objective’ Facts

Halme-Tuomisaari, Miia LU and Toivanen, Reetta (2026) p.269-294
Abstract

This chapter examines what is considered a fact in individual communications processed by the Human Rights Committee (HRC), recognized as the UN’s most authoritative human rights monitoring body. Despite its significance, little is known about the HRC’s handling of individual complaints against states that have signed the optional protocol. Through the case studies of Sanila-Aikio v. Finland (2018) and Näkkäläjärvi et al. v. Finland (2018), which address the inclusion of new voters on the Sámi Parliament’s electoral roll, the chapter scrutinizes the Committee’s evidentiary practices. Notably, the Finnish Supreme Administrative Court added ninety-three persons to the Sámi Parliament’s electoral roll, while an unreferenced study suggested... (More)

This chapter examines what is considered a fact in individual communications processed by the Human Rights Committee (HRC), recognized as the UN’s most authoritative human rights monitoring body. Despite its significance, little is known about the HRC’s handling of individual complaints against states that have signed the optional protocol. Through the case studies of Sanila-Aikio v. Finland (2018) and Näkkäläjärvi et al. v. Finland (2018), which address the inclusion of new voters on the Sámi Parliament’s electoral roll, the chapter scrutinizes the Committee’s evidentiary practices. Notably, the Finnish Supreme Administrative Court added ninety-three persons to the Sámi Parliament’s electoral roll, while an unreferenced study suggested over half a million could be eligible. The Committee included this study without verifying its reliability. The chapter explores how evidence is translated and distanced from Committee members, questioning how material veracity is determined. It concludes by reflecting on how the HRC’s evidentiary regime shapes and supports certain narratives while marginalizing others.

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Please use this url to cite or link to this publication:
author
and
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Electoral roll, evidence, Finland, Human Rights Committee, individual communication procedure, objective facts, state documentation, Sámi, Sámi Parliament, translation
host publication
Questions of Evidence in the Un Human Rights Treaty Bodies’ Individual Communications Procedure
pages
26 pages
publisher
Cambridge University Press
external identifiers
  • scopus:105041378014
ISBN
9781009639231
9781009639248
DOI
10.1017/9781009639231.015
language
English
LU publication?
yes
id
505013d2-10b0-4da0-9809-4b14f457935d
date added to LUP
2026-08-24 09:13:33
date last changed
2026-08-24 09:14:43
@inbook{505013d2-10b0-4da0-9809-4b14f457935d,
  abstract     = {{<p>This chapter examines what is considered a fact in individual communications processed by the Human Rights Committee (HRC), recognized as the UN’s most authoritative human rights monitoring body. Despite its significance, little is known about the HRC’s handling of individual complaints against states that have signed the optional protocol. Through the case studies of Sanila-Aikio v. Finland (2018) and Näkkäläjärvi et al. v. Finland (2018), which address the inclusion of new voters on the Sámi Parliament’s electoral roll, the chapter scrutinizes the Committee’s evidentiary practices. Notably, the Finnish Supreme Administrative Court added ninety-three persons to the Sámi Parliament’s electoral roll, while an unreferenced study suggested over half a million could be eligible. The Committee included this study without verifying its reliability. The chapter explores how evidence is translated and distanced from Committee members, questioning how material veracity is determined. It concludes by reflecting on how the HRC’s evidentiary regime shapes and supports certain narratives while marginalizing others.</p>}},
  author       = {{Halme-Tuomisaari, Miia and Toivanen, Reetta}},
  booktitle    = {{Questions of Evidence in the Un Human Rights Treaty Bodies’ Individual Communications Procedure}},
  isbn         = {{9781009639231}},
  keywords     = {{Electoral roll; evidence; Finland; Human Rights Committee; individual communication procedure; objective facts; state documentation; Sámi; Sámi Parliament; translation}},
  language     = {{eng}},
  month        = {{01}},
  pages        = {{269--294}},
  publisher    = {{Cambridge University Press}},
  title        = {{The Dangers of Distant Evidence : The UN Human Rights Committee’s Individual Communications, 512, 000 Potential New Sámi Voters and Other ‘Objective’ Facts}},
  url          = {{http://dx.doi.org/10.1017/9781009639231.015}},
  doi          = {{10.1017/9781009639231.015}},
  year         = {{2026}},
}