Under the right of public access, everyone can walk and pick berries almost everywhere in Finland //Photo: Elina Sirparanta
"The legal concept of the right of public access has evolved over many generations," explains legal expert Anne Rautiainen from the Finnish Nature Association. "It is not written down in any single law, although its application is clearly defined in many legal documents on various matters."
The main idea of the right of public access is the opportunity to enjoy outdoor recreation, which is so popular in Finland. This includes, for example, walking or skiing in the forest, boating, swimming, and picking mushrooms and berries.
"The right of public access gives everyone access to almost 90 percent of the territory and makes Finland a truly free country," says Minister of the Environment Ville Niinistö. "We must cherish this legal tradition of Finland and, of course, we must act responsibly when using these rights. It is very important for everyone to learn how to use this right, including the new generation of urban children, as well as immigrants and tourists who are not accustomed to such rights."
Places with restricted access rights include private house gardens, fields under agricultural use, some nature reserves, industrial zones and areas belonging to the Ministry of Defence, and a narrow strip of border territory on the Finnish-Russian border. The right of public access does not allow driving a car off-road. Fishing is allowed only with a simple rod and line (you need permission to set nets, traps, or fish with a reel and bait). For some types of outdoor activities, such as hunting or making a fire, permission from the landowner is always required.
There are issues where the legal definition of the right of public access is not entirely clear. Visitors may "temporarily" camp on unprotected natural land. On land belonging to someone, one must not cause "unreasonable disturbance" or "significant damage." Rautiainen explains that this is done to allow the use of common sense and flexibility in applying the rules.
"Regarding, for example, how close you can approach a private house, a specific distance is not given because the circumstances depend on whether the house is in remote areas or in more densely built-up areas," she says. "This usually works well in practice because most Finns intuitively sense what would disturb others."
Anne Rautiainen recently led a team of experts tasked with compiling an official handbook that will explain in detail the application of the right of public access. "We hope that this handbook will answer many questions and prevent conflicts. But putting it all together turned out to be much more difficult than we expected. We consulted with many lawyers, national and local authorities, and organizations, including nature conservationists and landowner representatives," she says.
The right of public access means that outdoor recreation is allowed virtually everywhere in Finland, except where it is prohibited – whereas in most countries, outdoor recreation is prohibited everywhere except in designated areas. The right of public access in Finland and similar rules in Norway and Sweden are so unique in the world that they have been proposed for inclusion in UNESCO's list of intangible cultural heritage. This eclectic list includes such cultural values as French cuisine, Argentine tango, and traditional Persian carpet weaving.
"Here in Finland, we take the right of public access for granted," says Rautiainen. "If it becomes known internationally, it may increase our own appreciation of such freedom. It can help tourists understand what wonderful opportunities they have to freely enjoy our beautiful wilderness."
Fran Weaver.
"This is Finland"