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Human Rights Quarterly.
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HUMAN RIGHTSQUARTERLY
North,
Alexandra
Xanthaki*
Far East
and
Siberia,
ABSTRACT
There has been very
the North,
though
legislation has recently passed that improves their legal rights and
the
notwithstanding
considerable
gap
for indigenous
respect
relevant
between
general
on
terns,
discourage
that affect
ultimately
economic
national
any
cultures,
the
article
of
international
of
the violations
them, prolong
their
endanger
reveals
law
maintain
development
real participation
Even
standards
Federation.
small
of
Siberia,
and
Far East of
peoples
pat
discriminatory
in decisions
communities
these
against
their
survival.
I. INTRODUCTION
Indigenous rights have become a very topical
network of indigenous peoples
transnational
excitement
about indigenous
rights and has
the intense
the international agenda. Despite
on
written
the
little
been
has
very
rights of the
issue in international
law. The
has created an unparalleled
indigenous
rights on
in indigenous
rights,
small indigenous
numerically
imposed
interest
Human
Rights Quarterly
26
(2004)
74-105
2004
by The
Johns Hopkins
University
Press
2004
75
peoples of the North, Siberia, and Far East of the Russian Federation; yet,
as "critical."1 The Russian numerically
their situation has been described
small peoples
number approximately
300,000
persons2 and live in areas
more
than half of the territory of the Russian Federation.3 Great
covering
reason for the
in access of information appears to be the main
difficulty
limited international awareness
about these communities.4
Fortunately, the
seems
to be changing
gradually,
partly due to the monitoring
has signed in
process of the human rights treaties the Russian Federation
recent years and partly due to the growing number and increased activities
situation
1.
International Working
Group for Indigenous Affairs (IWGIA), The Indigenous World
1999
on the Elimination
at 36. In 2003,
the UN Committee
of Racial Discrimination
its concern
in the
about
"the difficult
situation
expressed
facing
indigenous
peoples'
Russian Federation.
on the Elimination
See Concluding
Observations
of the Committee
Russian
on Elim.
of Racial Discrimination:
Federation
U.N. CERD, Comm.
21/03/2003
62 Sess., 20, U.N. Doc. CERD/C/62/CO/7
Of Rac. Discrim.,
(2003).
in Towards a New Millennium,
The Years of the Indigenous
Olga Mu rash ko, Introduction,
in Russia 20, 25 (Thomas K?hler & Kathrin Wessendorf
Movement
Tsarev
eds., Vladislav
et al. trans., IWGIA, 2002)
Towards a New Millennium).
(hereinafter
2000,
2.
3.
4.
5.
6.
7.
8.
to Nikolai Vakhatin,
According
1992).
Group
Mattias
Racism
and
?hr?n,
and Russia?The
Scandinavia
& Marianne
(Suhas Chakma
Minority
Rights Group, World
Native
Racial
Saami
Far North
Discrimination
Against
in Racism against
People,
7 (Minority
Rights
the
of
Indigenous
People
Indigenous Peoples 136, 139
Vakhatin,
supra note 3, at 7.
Government
Resolution
No. 255, adopted Mar. 2000
(on The List of Indigenous
Peoples
of the Russian
available
aiwww.minelres.lv
(also on file with author). See
Federation),
a
Towards
note
at
New Millennium,
24.
also
supra
2,
Towards a New Millennium,
supra note 2, at 26. However,
twenty of these communities
to be part of this special
do not wish
living in North Caucasus
legislation.
76
Vol. 26
instruments.
but
II. LEGALFRAMEWORK
one
instrument protects
international
the rights of indig
the Convention
Concerning
Indigenous and Tribal Peoples
in Independent Countries,
No. 169 (ILO Convention
169), adopted by the
the Russian
International
Labour Organisation
(ILO) in 1989.9 Although
it has not
interest in this convention,
Federation
showed
unfortunately
even
the
international
pressure
instrument,
bodies,10
despite
by
signed
Currently, only
enous peoples:
9.
10.
in Independent
Countries
and Tribal Peoples
Indigenous
in
into force 5 Sept. 1991), reprinted
June 1989 (entered
in Human Rights 303
ILO
1992)
(3d ed.
(hereinafter
on the rights of indigenous
ILO Convention
Convention
169). The other
peoples,
the Protection
and Integration of Indigenous
and Other Tribal
Convention
Concerning
in Independent
Countries
26
and Semi-Tribal
(I.L.O. No.
107), adopted
Populations
on the Rights
is not open to new signatories
The draft Declaration
June 1957,
anymore.
is not yet law.
of Indigenous
peoples
on Economic,
For example,
in 2003 the UN Committee
Social and Cultural Rights asked
See Convention
Concerning
27
(I.L.O. No.
169), adopted
Ian Brownlie,
Basic Documents
the Russian
Federation
ILO Convention
has not signed
the state representatives
why
to the List
21 in Replies by the Government
of the Russian Federation
169. 5ee Question
with the consideration
of
of issues (E/C12/Q/RUS/2/Rev.1
)to be taken up in connection
the rights referred to in
the fourth periodic
reports of the Russian Federation
concerning
on Economic,
1-15 of the International
Covenant
Social and Cultural Rights, 3
articles
on Russia, the
5, U.N. Doc. HR/CESCR/NONE/2003/5.
Also, during the 1996 discussion
on the Elimination
of Racial Discrimination
Committee
International
(CERD) asked the
on the
169 had not been signed. See Committee
the ILO Convention
government
why
Elimination
on
Comm.
of Racial Discrimination:
48
Elim. of Rac. Discrim.,
U.N.
of the 1134th Meeting,
Summary
Sess., f 3, U.N. Doc. CERD/C/SR/1134
CERD,
(1996).
2004
77
to protect
is bound
In any case, the Russian Federation
indigenous
instruments, such
rights by its signing or ratification of international minority
on the Elimination of All Forms of
as the UN
International Convention
and
Racial Discrimination
(ICERD),11 the European Charter for Regional
for the Protection of
Minority
Languages,12 and the Framework Convention
of Europe (Framework Convention).13
of the Council
National Minorities
instruments to indigenous
of minority
The applicability
rights has been a
The Saami of Norway
matter of concern for some indigenous communities.
of their
instruments for the protection
have rejected the use of minority
an
on
have
Saami
and
"as
that
the
basis
the
legal
indigenous
people
rights
those covered by the provisions of the conven
political
rights that exceed
it iswidely
that indigenous peoples can use the
accepted
instruments
without
minority
harming their claims
by
protection
provided
as indigenous peoples.
Indefinitional
and indigenous
terms, both minorities
a distinct
some
common
both
have
denominators:
have
they
peoples
and they
culture that they want to preserve and transmit to new generations
in the state in which
The
live.15
both are the non-dominant
groups
they
an
in
to
leads
protection:
overlap
although minority
overlap
descriptive
instruments do not cover all aspects of indigenous
rights, they do cover
tion."14 Currently,
11.
12.
13.
on the Elimination
of All Forms of Racial Discrimination,
Convention
International
195 (entered
in
21 Dec.
into force 4 Jan. 1969), reprinted
1965, 660 U.N.T.S.
adopted
5 LL.M. 352 (1966)
(hereinafter
ICERD).
or Minority
5 Nov.
for signature
The European Charter for Regional
opened
Languages,
in
of Europe, Europ. T.S. No. 148 (1992) (hereinafter
1992, Council
ECRML), reprinted
Languages
Council of Europe, Explanatory Report?European
Charter for Regional or Minority
was signed but not ratified).
41 (1993) (the Convention
for the Protection
of National
for
Convention
Minorities,
opened
Eur. Parl. Doc.
of Europe Parliamentary
157,
1995, Council
Assembly,
in 16 Hum. Rts. L.J. 98 (1995) (hereinafter
Framework
Convention).
reprinted
to the Framework
art. 25, ?
Convention,
1,
pursuant
Report submitted
by Norway
1.1 & 3.1.
received on 2 Mar. 2001, ACFC/SR
(2001) 1,M
as precedence
At the same
and
of
time, elements
indigenous
descriptions?such
a special
with
the land, the strong sense of commu
historical
continuity,
relationship
The
Framework
1 Feb.
signature
14.
15.
Res.
999
78
Vol. 26
refers to minority
which
indigenous cases.17 The Advisory
rights, to decide
has also argued that the recogni
Committee
of the Framework Convention
that group from
tion of a group as an indigenous people does not exclude
to
minorities.18
same
offered
at
time
the
the
from
protection
benefitting
the Russian Federation must ensure that indigenous peoples
Therefore,
in the minority
the rights enshrined
its territory enjoy
living within
are
course
human
the
of
instruments. Also
rights
general
applicable
the
International
the
ICCPR
and
of
both
the
instruments;
provisions
on Economic,
Social and Cultural
Covenant
(ICESCR),19 legally
Rights
are
useful
for indigenous
Russian
for
the
Federation,
particularly
binding
Article
69 of the
is
instruments
confirmed
with
these
by
rights. Compliance
the rights of
the Russian
Federation, which
safeguards
"in
the
with
accordance
principles
generally accepted
indigenous peoples
law and international treaties of the Russian
and standards of international
Constitution
of
Federation."20
17.
Russian
v. Canada,
No. 24/1977,
Communication
Lovelace
A/
Rights Committee,
Communica
Lake Band v. Canada,
Chief of the Lubicon
36/40
(1981); Bernard Aminic,
No.
Communication
in A/45/40
views
tion No.
(1990); Kitok v. Sweden,
167/1984,
Ilmari L?nsman et al. v. Finland, Communication
in A/43/40
views
(1988);
197/1985,
U.N.
No. 549/1993,
No. 511/1992,
A/50/40
(1994); Hopu v. France, Communication
See Human
in
22 Sept. 2000,
on Denmark,
See Opinion
?fl 17, ACFC/INF/OP/1
(2001), adopted
the
Similar was
and Greenlanders.
to the position
of the Far-Oese
relation
persons
see esp. n
to the report of Finland,
Committee's
21-23,
34, 45, 50 of the
approach
the
22 Sept. 2000, where
on Finland, ACFC/INF/OP/1
(2001)005,
adopted
Opinion
instruments.
Committee
Reports
using minority
peoples
analyzes
rights of indigenous
at www.coe.int
Minorities).
available
go to National
(under Human
Rights heading
19.
on Economic,
Social and Cultural
Rights,
ICCPR, supra note 16; International Covenant
21st Sess., Supp. No.
U.N. GAOR,
2200
Res.
G.A.
Dec.
19
16,
(XXI),
1966,
adopted
into force 3 Jan. 1976) (hereinafter
3 (entered
U.N. Doc. A/6316
(1966), 993 U.N.T.S.
20.
21.
22.
ICESCR).
Konst. RF, art. 69.
Russian
Federation,
Small
Numerically
of the Rights of
Law on the Guarantees
Indigenous
16 Apr.
of the Russian
Federation,
adopted
by State Duma,
1999
22 Apr.
1999
of the Federation,
1999 and approved
(hereinafter
by Council
Rights Law).
Indigenous
Law on National-Cultural
Federal
Russian
Autonomy,
adopted
by State
Federation,
5 June 1996, available
of the Federation,
22 May
1996 and approved
by Council
Duma,
afwww.minelres.lv
(under National
go to Russia).
Legislation,
Federal
Peoples
2004
79
of Communities
of Indigenous Peoples of the North, Siberia,
Organization
and the Far East,23 as well as the 2001 Federal Law on the Territories of
Small Peoples of the
Traditional Nature Use by Indigenous Numerically
North, Siberia, and the Far East.24 The 2001 Federal Land Code25 is also
to have an important impact on indigenous
land rights.
expected
recent
their
local level. International bodies and experts have repeatedly expressed
concerns
of such federal provisions26 and their
about the implementation
local laws.27 The recent report of the
with
consistency
regional and
European Commission
against Racism noted:
[T]he authorities of many constituent units of the federation often violate the
Constitution, federal laws and international obligations of the country in the
area of human rights, in practice the federal authorities have limited opportuni
ties of influencing the subjects of the Federation, and even these opportunities
are
The
not
generally
section
following
numerically
used
systematically
will
small peoples
or effectively.28
the most
important issues
analyze
of the North, Siberia, and Far East.
facing
the
A. Discrimination
The Russian
discrimination
23.
24.
25.
26.
27.
28.
has a constitutional
framework
that prohibits
Federation
on the basis of race. Article 19 of the Constitution
guarantees
Russian
Federal Law on General
of the Organization
of Commu
Federation,
Principles
of the North, Siberia, and the Far East, adopted
in Federal
nities of Indigenous
Peoples
20 July 2000,
Act No.
available
aiwww.minelres.lv
(for Russian
text, under
104-FZ,
National
go to Russia).
Legislation,
Law on the Territories
Use by Indigenous
of Traditional
Nature
Russian
Federation,
7 May 2001.
Small Peoples of the North, Siberia, and the Far East, adopted
Numerically
See also Towards a New Millennium,
supra note 2, at 281.
Russian
2001
Federal Land Code,
Federation,
on
and supplemented
Dec. 2001
(as amended
in Russian available
at www.worldlii.org/catalog/2171.
Racism
Committee
and
Against
European
activities
the period
from 1 January
covering
on
ECRI's
Annual
Intolerance,
Report
to 31 December
2 May
released
2000,
at www.coe.int
ECRI Report), available
2001, CRI (2001) 20, at 41, 1 10 (hereinafter
then to ECRI); see also, The
(under Human
racism,
go to Combating
Rights heading
Indigenous World,
supra note 1, at 34.
U.N. CERD, Comm.
Record of the 1247th Meeting:
Haiti, Russian Federation,
Summary
on Elim. of Rac. Discrim.,
52 Sess., 1 28, U.N. Doc. CERD/C/SR.1247
(1998).
ECRI Report, supra note 26, at 41, 1 14.
80
Vol.
26
and
of, inter alia, race, nationality,
equal
rights regardless
language,
residence and prohibits any restriction of citizens'
human rights on these
the establishment
of public associations
13(5) prohibits
grounds.29 Article
and religious strife, and Article 29(2)
aiming at inciting racial, national,
or campaigns.30
prohibits any such propaganda
Finally, Article 26(1) gives
to determine
the right to everyone
and
Based on these constitutional
guarantees,
protection
against acts of discriminatory
discrimination
is still the major
inciting racial hatred.32 Nevertheless,
problem for indigenous peoples of the Russian North, Siberia, and Far East.
in living standards between
The difference
the indigenous
and the non
is vast. Currently, over 30 percent of the indigenous
indigenous
peoples
lives in substandard
population
housing or traditional tents, often because
in rural areas and along migration
routes is not available.33 One of
housing
in Russia is a resident in the North and death rates among
five unemployed
in the
times the average
indigenous of the North are one and one-half
in
in
The
and
and
death
wages
country.34
disparity
unemployment,
mortality
statistics, and in social benefits confirm the existing patterns of discrimina
on the Rights of the Child referred to the
tion.35 In 1999, the UN Committee
to
incidence
of
societal
discrimination
against children belonging
growing
ethnic
29.
an equilibrium
30.
31.
32.
33.
34.
35.
36.
37.
38.
20,
between
art.
different
situations."38
19.
from Russian
of the Russian
Federation
text).
(translated
Arctic Monitoring
Issues: A State
and Assessment
(AMAP), Arctic Pollution
Programme
at www.amap.no
terms like
Environment
of the Arctic
available
(Use search
Report,
Arctic Environment
the
(non scientific)
Report and select Popular
Reports to download
1997 report, look under People
66 (1997)).
of the North,
on
Russian
U.N. CERD, Comm.
Record
of the 1246th Meeting:
Federation,
Summary
52 Sess., CERD/C/SR.1246,
1246
Elim. of Rac. Discrim.,
f 42, U.N. Doc. CERD/C/SR.
(1998).
Vakhatin,
supra note 3, at 26.
on the Rights of the Child, General
on the Adminis
UN Committee
Recommendation
tration of Juvenile Justice, 2d Sess. U.N. Doc. CRC/C/90
(Sept. 1999).
erga Omnes 124-30
Maurizio
(1997).
Ragazzi, The Concept of International Obligations
in the South West
this principle
PCIJ (series A/B), No. 64, 19 [1935] The ICJ affirmed
Africa Cases
303-04
[1966].
(Second phase), 6 ICJ Reports,
2004
81
39.
40.
CERD,
Doc. A/
48/18 (1993).
41.
42.
43.
44.
45.
46.
or Ethnic, Religious
or
to National
Belonging
U.N. GAOR, 47th Sess.,
1992, G.A. Res. 47/135
in 32 LL.M. 911 (hereinafter
(1992),
reprinted
82
Vol. 26
Protection
followed
of National
Minorities.49
Legal measures
if not
by
implementation.
instruments are clearer
Indigenous
tions
to guarantee
special
47.
48.
49.
Ian Brownlie, Principles of Public International Law 699 (4th ed. 1990).
on Minorities,
the
Declaration
supra note 46, art. 1 states that: "States shall protect
and national or ethnic, cultural,
existence
identity of minorities"
religious and linguistic
to achieve
within
their territory and "adopt appropriate
and other measures
legislative
those ends."
are
Framework
Convention,
supra note 13, art. 4.2; guarantees
against discrimination
in: Council
Doc. No. 8943,
of Europe, Rights of National Minorities,
23
included
Rec. 1201 (1993), art. 11 (hereinafter
of Europe, Rec.
Council
Jan. 2001, Doc.
8943,
1201).
ILO Convention
169, supra note 9.
in an individual observation
in 1994, the Committee
For instance,
criticized
published
on the basis that there was a "certain movement
in the country away from a
Colombia
also
50.
51.
52.
or from programmes
of special
recognition
rights for indigenous
peoples,
specially
to their needs."
Individual Observation
107
Concerning
Convention
CEACR,
adapted
Indigenous and Tribal Populations
II 2 (Colombia,
1994).
15 June 1996 by
The Concept/Outline
of the State National
approved
Policy was
It is not a legally binding
Decree
No. 909 of the President
of the Russian
Federation.
document.
53.
1999
Indigenous
Rights
Law,
supra
note
21.
2004
83
federal committee.56
the year 2000 by the competent
"Addressing the fourth
small peoples of the North, Siberia, and the Far
congress of the numerically
(Fatherland-All Russia) Artur Chilingarov
East, State Duma Deputy Chairman
and social develop
declared
that "the federal program for the economic
ment of the small people
has fallen apart" and that "entire raions and
. . . have not received their northern
remote villages
for the last
delivery
the federal laws discussed
three years."57 Moreover,
above are of declara
not been supported by national,
regional, and local
In general,
of federal
laws
regional
implementation
some
is difficult: although
and indigenous peoples
concerning
constituents
initiatives
have adopted such laws, this is not the norm. Other
to combat discrimination
to
also
need
be
taken.
against indigenous peoples
For example,
to
laws
the
have
condemned
reference
the
any
although
in
in
official
such
references
still
documents,
person's nationality
persist
some documents
measures
and lead to discriminatory
Practical
practices.59
to enforce the laws in this respect are needed; sole legislative guarantees
fall
InArticle 2(1) of the ICERD, state parties
short of international
standards.
tory nature,
enforcement
54.
55.
56.
57.
58.
59.
60.
and have
laws.58
minorities
14 guarantees
Id. For example,
Article
the judicial protection
of their rights; Article 4
to ensure
authorizes
authorities
the development
of indigenous
and
public
peoples
their ways of life and systems; Article 5 allows
6
for positive measures;
Articles
protect
measures
and 7 establish
and promotion
of indigenous
for the protection
rights; and
to indigenous
Article 8 gives extensive
rights of participation
peoples.
The Indigenous World,
supra note 1, at 34.
28.
Haiti, Russian Federation,
supra note 27,1
Summary Record of the 1247th Meeting:
Russian
Federation
Toward
the North
Lambasted
Report, Federal Government's
Policy
at www.rferl.org/russianrepoiV2001/04/14-180401.
available
(18 Apr. 2001),
in 2000
noted the lack of laws implementing
the 1999 federal
Parliamentary
hearings
law. Statement
in
of Russian Association
of Indigenous
of the North
(RAIPON)
Peoples
IV Arctic
the
Parliamentarians
Rovaniemi
at
available
(28 Aug.
2000),
Meeting,
www.raipon.org/english/library/ipw/number4/article1.
ECRI Report, supra note 26, at 41.
International
ICERD, supra note
11, art. 2, <H 1(a). In its 2003
Report, Amnesty
measures
to combat
at chapter
recommends
several practical
9. See
discrimination,
on Grounds
of Race in the Russian
Amnesty International Report, Dokumenty! Discrimination
Federation (2003).
84
Vol. 26
B. Participation
legislation
lives.
on equality
Rights
The
cultural development,
protection of their traditional habitat and the environ
and aboriginal activities."63 Even during the Soviet
ment,
economy
lifestyle,
of the North had created autonomous
administrative
era, the Committee
in
to protect
and
districts
order
(national
(national
acreage)
regions
raiony)
indigenous
peoples.64
a roundtable discus
the ambitious
legal provisions,
Notwithstanding
in legislative assemblies
sion on the participation
of indigenous peoples
and
in
elective
2001
local governance
confirmed
that
such
agencies
July
has not been achieved.65
have
representatives
representation
Indigenous
...
noted that "the problem of representation
of indigenous
is
peoples
and
for
for
northern
of
the
questions
important
peoples
topical
addressing
ethnic development
and regulating
interethnic relations and guaranteeing
constitutional
rights and freedoms of man and citizen."66
law establishes
the right of every citizen to take part in the
in
of public affairs on a basis of equality and in circumstances
as
to
"are
able
and
their
identities
members
express
persons
develop
International
conduct
which
61.
62.
63.
64.
65.
66.
on Minority
in Albania,
Schools
Opinion
Advisory
The Indigenous World,
supra note 1, at 38.
1999
Rights Law, supra note 21.
Indigenous
Gail Osherenko,
Property Rights and Transformation
7 Eur.-Asia Stud. 1077-108,
the Far North,
1083-85
to deserve
"You need
the right to represent
your
L'AURAVELTL'AN
INDIGENOUS
INFORMATION
PCIJ, supra
in Russia:
note
38.
Institutional
Change
in
(1995).
Bulletin
No.
people,"
available
CENTER,
indigenous.ru/english/english.
Id.
41 of the
at www.
2004
85
within
of different communities
groups do not
larger societies."67 Although
to
of
in
have an unconditional
choose
the
modalities
their
participation
right
Committee
the conduct
of the public affairs,68 the Human
has
Rights
in its General Comment
the importance of effective
23(50)
emphasized
in decisions
of members
of minorities
that affect them.69 The
participation
has noted that "indigenous
should
Committee
have the oppor
populations
concern
to
in
in
matters
decision
that
them,"70 and
participate
tunity
making
on
has commented
of
devolution
examples
positively
concerning
indig
enous
an important
communities.71
Effective participation
has become
it
for
is
the
UN Minority
minority participation:
by
prerequisite
encouraged
1992
in
the
for
and
Declaration,72
Organization
Security
Co-operation
as
as
Helsinki
well
the
Framework
Convention
Document,73
Europe (OSCE)
for National Minorities.74
The Flensburg Proposals
also emphasize
that
must proactively
decisionmakers
consult members
of minorities
that are
affected by their decisions
and must also create opportunities
for them to
in
the
Human
effectively
participate
process.75
decisionmaking
rights bodies
to
attention
minorities
whether
have
in
been
included
pay special
matters
in
that
affect
them
and
that
decisions
have
been
any
decisionmaking
taken after real public debate.
and cooperation
with states also constitutes
Indigenous participation
one of the main principles
169.76 Article 6, the "key
of ILO Convention
article of the whole Convention"77
consultation
and participation of
requires
"whenever
is being given to legislative
consideration
indigenous peoples
measures which
and administrative
affect [them] directly."78 Consultations
must be in good faith and in a form appropriate
to the circumstances,
with
or
the objective of achieving
consent
to the proposed measures.
agreement
on Indigenous Rights goes even further: indigenous
The draft UN Declaration
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
169,
supra
note
9.
86
Vol. 26
small peoples
of an
absence
levels.82 The
1999
Indigenous Rights
in the review and development
of laws
participate
indigenous peoples
and the implementation
of programs that affect them;83 this does not happen
in practice
often
either. Ultimately,
asked
for the
indigenous
peoples
same
manner
in
as the
establishment
of an Indigenous
the
Parliament,
Saami Parliaments;
the
first
relevant
draft
law
federal
that
unfortunately,
the
of
small
to
submitted
representatives
numerically
indigenous peoples
the Russian Parliament was rejected.84
may
79.
80.
81.
82.
83.
of Russian
Association
of
Indigenous
Peoples
of the North
(RAIPON),
supra
84.
85.
Law on National-Cultural
Autonomy,
supra
note
22.
87
2004
Indigenous
Rights
autonomous
Law.86 It is reported
regions
has
that since
the 1990s,
the number
of
increased.87
autonomous
taxes. Another
reluctance
their territory, either
86.
87.
88.
89.
90.
91.
the powers
by marginalizing
and
functions
of
local
Federal
Law on the Guarantees
of the Rights of
Federation,
Indigenous
Small Peoples
of the Russian
supra note 21.
Federation,
the Baikal and Verkheangarsk
in the Republic
Evenk rural settlements
of
on the implementation
of provisions
of the
Federation
Buryatia, Report of the Russian
on 8 Mar.
Framework
Convention
of National
for the Protection
received
Minorities,
Protection
(2000) 2, art. 15 (hereinafter
2000, ACFC/SR
Report).
Implementation
Russian
Numerically
For example,
On
the Legal Understanding
of Autonomy,
Hans-Joachim
Heintze,
and Implications 7-32
Applications
(Markku Suksi ed., 1998).
on Minorities,
Declaration
supra note 46, art. 2(3).
of Europe, Rec. 1201, supra note 49, art. 11.
Council
CSCE: Document
of the Copenhagen
of the Conference
Meeting
Dimension,
adopted
29
June
1990
35,
reprinted
in 29
LL.M.
1305
in Autonomy:
on
the Human
It reads:
(1990).
The participating States note the efforts undertaken to protect and create conditions
for the
promotion of the ethnic, cultural and linguistic identity of certain minorities by establishing as one
of the possible means to achieve these aims, appropriate local or autonomous
administrations
to the specific historical and territorial circumstances
of such minorities and in
corresponding
accordance with the policies of the State concerned.
92.
93.
As quoted
in Heintze,
supra note 88.
ECRI Report, supra note 26, at 41, ? 6.
88
Vol. 26
C.
Land Rights
peoples.
The
economic
that
participate
in Russia
transformation
tional development,
manner
has noted:
local
protects
in decision
economies
making
needs
to be
supported
especially
and
as well
as
allows
share
through
institu
of property rights in a
to
the indigenous
population
in the benefits
of development.97
in the
land system is a difficult and painful process
Russian Federation. The recent economic
changes have affected
indigenous
are not
lines have been disrupted
and many
peoples:
supply
people
to
of
fed, especially with respect
imported foods. Reorganization
adequately
The
reform of the
the
Currently,
the federal and
of
the Russian
94.
95.
96.
97.
protection
Peter Kirkow,
Stud. 43, 48
Id. at 49.
Id. at 54.
Osherenko,
of the environment,
Local Self-government
in Russia:
protection
Awakening
of historical
from Slumber?,
(1997).
supra
note
64,
at 1077.
49
and
Eur.-Asia
89
2004
cultural monuments,
safety, and traditional way of life of small
ecological
case
In
of conflict with federal
ethnic minorities.98
law, Article 74 of the
to
deference
the law of the constituent.99
Constitution
gives considerable
and the order of the use of
However, Article 36 asserts that the conditions
are
to
to
meant
is
be subject
and
land
federal law.100What
by "conditions"
fits with the above
"order of the use of the land" and how this provision
has not been clarified. Also, regarding specifically
land rights of
and indigenous peoples, Article 71(c) and (f) of the Constitution
to regulate and protect the rights of
give the authority to the Federation
to determine
of national policy and
national minorities,
basic principles
in the fields of the economy
and the environment,
and the social,
programs
of the Russian
and national
Federation.101 This
cultural,
development
in land
framework has lead to conflicting
legislation and a legal vacuum
provisions
minorities
law. Although
the Federation
still retains quite considerable
power, the
constituent
entities
enjoy greatly expanded
rights to adopt
legislation
to
the possibility
particular to their regions.102 Many regions have embraced
the federal lawmakers.103
regulate important areas of law without consulting
As Skyner has noted, "the absence
of clearly designated
criteria for the
in the political aspects of the
formulation of legislation, and abrupt changes
in Russia, have ensured
land question
that there are disparities
in the
legislation
of the regions
regulating
questions
of
land ownership
and
land
use."104
this framework,
Within
land is legally "public," owned by the state with
management
authority
increasingly
resting with the okrug, rather than the
The land resources or the land reform committee of the
federal government.
use rights and determines
the transfer of lands to private
okrug allocates
herders or for industrial purposes.105 The language of the 1999 Indigenous
instruments: the
Rights Law differs from the language of the international
1999 law protects the right of numerically
small peoples
"to own and use,
free of charge, various categories
of land required for supporting
their
traditional economic
systems and crafts," rather than the lands on which
the land is not protected
they have been living.106 Inother words,
just for the
mere fact that indigenous peoples have been living there; the land must be
98.
99.
100.
101.
102.
103.
104.
105.
106.
The
Privatisation
of
Land
90
Vol. 26
semi-nomadic.
the realization
In any
of this
provision.
new
between
dichotomy
tive property
rights
of the
development
negative
impact on
instruments have
securing their collective
ownership
rights. International
even
been very reluctant to establish standards on property rights; moreover,
those instruments that include provisions on property rights favor individual
of Human Rights could be helpful for
rights.110 The Universal Declaration
the indigenous peoples of the North, Siberia, and Far East.111 Article
17(a)
107.
108.
109.
110.
111.
91
2004
as in
"to own property alone as well
right of everyone
one
"no
that
shall
be
whereas
17(b) prescribes
others,"
of
his
the
declaration
arbitrarily deprived
property."112 Therefore,
recognizes
that if an indigenous group ever enjoyed property rights in a specific piece
of land and was arbitrarily deprived of those rights, then their rights would
establishes
association
the
with
violated. However,
indigenous peoples of the north have never
over the lands where
had ownership
they live, since all the lands were
owned by the state. Also, the declaration
prohibits only arbitrary depriva
tion of property, in other words deprivation without any reasonable cause or
imposed by the mere exercise of power, without
justification
giving those
It
the right to be heard and to have their interests considered.113
affected
a
on
to
be
difficult
that
of
individual
would
very
prove
system
ownership
have been
112.
113.
Peoples
establishes
an
International
Declaration
on
criterion
Land Rights,
is
for genocide
33
Int'l Comm.
Jurists
Rev. 64
114.
115.
116.
11 7.
(1984).
on
Convention
the Prevention
and Punishment
9
of the Crime of Genocide,
adopted
277 (entered into force 12 Jan. 1951 ) (entered into force for U.S.
Dec.
1948, 78 U.N.T.S.
23 Feb. 1989) (hereinafter Genocide
Convention).
Id. art. 2.
Statement
and Movements
of Indigenous
by the Social Organizations
peoples
of the North
in the Russian
North, Discrimination
against
Indigenous
peoples
tion, released 4 Mar.
1996, available
afarcticcircle.uconn.edu/SEEJ/russia_indig.
Genocide
Convention,
supra note 114.
of
the
Federa
92
"aim or effect"
to destroy
indigenous
communities
Vol. 26
the
intent.118
A more
for
indirect
the United
land rights.
indigenous
XXIII (51) concerning
recognise
and use
and
their
Nations
In 1997,
indigenous
protect
communal
the
system
CERD
has become
issued General
peoples,
encouraging
more
engaged
Recommendation
states to:
in
to own,
control
peoples
right of indigenous
develop,
territories
and
and where
resources,
they have
lands,
these
lands
and
territories.122
118.
on Human
Commission
Intersessional Working
Group on the Draft Declaration
Rights
on the Rights of Indigenous
18 Oct.
of possible
1999, art. 7. On the question
Peoples,
in
violations
of indigenous
lands, see Martin A. Geer,
concerning
Foreigners
genocide
Interna
Their Own
Land: Cultural
Land and Transnational
Corporations?Emergent
38 Va. J. Int'l L. 359-64
tional Rights and Wrongs,
(1998) (hereinafter Draft Declaration
on the Rights of Indigenous
Peoples).
119.
ICERD, supra
2001
Federal
120.
121.
122.
123.
note
2004
93
sets clear
is contrary to ILO Convention
169, which
inactivity
for indigenous
collective
After
the
ownership.124
emphasizing
of
with
in
the
lands
"and
indigenous peoples
special relationship
particular
the collective
169
aspects of this relationship," Article 14 of ILOConvention
con
of
"the
and
of
the
recognizes
ownership
possession
rights
peoples
over
cerned
the lands which
they traditionally
occupy."125 The Draft
This
standards
Declaration
124.
125.
126.
127.
128.
129.
130.
ILO Convention
Id. art. 14.
169,
supra
note
9.
94
Vol. 26
to collapse which
activities were continuing
lead to
fur farm
impoverishment.131 Reindeer breeding/herding,
ing, hunting, dairy and livestock breeding as well as fish factories remain the
are not
of indigenous
activities
backbone
These
economy.132
peoples'
in
in
For
State
the
Committee
2001,
practice.
example,
protected
Fishing
issued a regulation giving rights to fish anadromous
species on a tender
traditional
economic
unemployment
and
peoples'
rights to priority licensing had been
Although
indigenous
no such rights were given to
in
"on
the
federal
law
fauna,"
envisaged
is
This
of primary
another
just
example
legislation
indigenous peoples.133
was
not
that
This
lack of
implemented.
benefiting
indigenous
peoples
basis.
131.
132.
133.
134.
135.
136.
137.
138.
In Bill Bowring,
of Theory and
2000).
Ancient
Practice,
and New
Peoples
in Accommodating
in the Russian
Nations
National
Identity 223
Osherenko,
supra note 64, at 1080.
International Working
Group,
supra note 1, at 38.
in Spiliopoulou-Akermann,
1995 report discussed
Lake Band v. Canada,
Lubicon
supra note 17.
supra
note
42,
Federation:
(Stephen
Questions
ed.,
Tierney
at 154-55.
Id.
View
Under Article
of the Human
4, of the Optional
5, Paragraph
Rights Committee
on Civil and Political
to the International
Covenant
Protocol
Rights, CCPR, Communi
U.N. Doc. CCPR/C/33/D/197/1985
cation No. 197/1985,
(1988).
ICCPR, supra note 16,
art. 27.
ILO Convention
169, supra note 9, art. 14(1).
2004
95
measures
to safeguard
lands not exclusively
indigenous
rights to use
to
which
but
have
them,
by
occupied
they
traditionally had access for their
subsistence
and traditional activities.
Particular reference
is made
to the
situation of nomadic peoples and shifting cultivators, an important inclusion
for the numerically
small peoples of the Russian North, Siberia, and Far East.
The Draft Declaration
includes even wider protection of indigenous
rights
to traditional activities.139
139.
140.
26, 30.
effects for
on action
Covenant
141.
142.
143.
144.
42.
submitted
of
the
105, fl 8.
submitted
96
Vol. 26
right under Article 27, in particular of their right to enjoy their culture."
8
the Committee
used the right to family
Making a shift, in Hopu v. France
and privacy. As they could not use Article 27 of the ICCPR,149 the Committee
held that construction
of a hotel located on indigenous ancestral grounds
itwould
would violate the right to family and privacy because
destroy the
can
an
owners'
traditional burial grounds, which
play
important role in a
person's
identity.150
169 is as helpful as it is realistic concerning
ILOConvention
indigenous
recognizes
peoples'
rights to natural resources. Article 15 of the Convention
that governments
often retain some natural resources for their own exclusive
but still provide
ownership,
indigenous peoples with rights "to the natural
resources pertaining
to their lands. These rights include the right of these
to participate
in the use, management
of these
and conservation
peoples
resources."151 Paragraph 2 provides for consultations?of
the kind provided
or even exploration.
for by Article 6?before
Thus,
permitting exploitation
over resources,
state
the
while
of
the
recognizing
sovereignty
principle
with
the need for prior consultation
also recognizes
provision
indigenous
peoples.
40 of the Covenant,
Observations
of the
Concluding
by States Parties Under Article
Human
Mexico.
U.N. Doc. CCPR/C/79/Add.
27/07/99.
109, H 19.
Rights Committee:
see UN Committee
on Human
of Reports submitted
For Australia,
Rights, Consideration
40 of the Covenant,
of the
Observations
Concluding
by States Parties Under Article
145.
146.
147.
148.
149.
150.
151.
Human
Australia
(Advanced
Rights Committee:
?
9.
CO/69/AUS,
ICCPR, supra note 16, art. 27.
See generally,
supra note 17.
Id.
Id.
ICCPR, supra note 16, art. 27. France has made
on this ground.
finding was possible
Id. art. 11.
ILO Convention
169,
supra
note
9, art.
unedited
version),
a reservation
U.N.
to Article
15.
Doc.
27,
CCPR/
thus,
no
2004
97
indigenous
rights when
or forestry activities.153
mining, petroleum,
The ILOGoverning
cultural, social,
Body suggested that environmental,
and spiritual impact studies, conducted
jointly with
indigenous peoples,154
consultations
with
should take place
and appropriate
indigenous peoples,
in areas they
and exploitation
of natural resources
before any exploration
have traditionally occupied.155 The Committee
of Experts of the ILO also has
on projects that had negative
in several of its observations,
commented,
impacts on indigenous peoples.156
their natural
Participation of indigenous peoples over issues concerning
resources
is mainly
based on the international
standards
concerning
ana
of minorities
and consultation
and indigenous peoples
participation
1999
Law
The
with
all
these
lyzed previously.157
Indigenous Rights
complies
8.1 provides
standards.158 Article
the right to
peoples with
indigenous
over
use
in
the
is
control
of
land
that
for
necessary
exercising
participate
in
their traditional economic
environmental
when
these
systems;
protection,
lands and the resources are industrially used; in development
and adoption
of decisions
assessments
152.
153.
154.
155.
156.
157.
158.
that concern
them; and in environmental
in the development
of state programs
and anthropological
of natural resource
set up to examine
the representation
non-observance
Report of the Committee
alleging
and Tribal Peoples
1989
(No. 169), made
Convention,
by Bolivia of the Indigenous
under art. 24 of the I.L.O. Constitution
(COB), ILO
by the Bolivian Central of Workers
& GB.274/16/7
(1998).
Governing
Body Docs. GB.272/8/1
Id. % 38.
Id.n
Id.
39 &44.
See CEACR,
169 on Indigenous
Individual Observation
Convention
and
concerning
Tribal
Individual
Observation
^ 7; CEACR,
Mexico,
1997,
Peoples,
concerning
Convention
No.
and Tribal Peoples,
169, Indigenous
Colombia,
1999, ^ 2; CEACR,
Individual Observation
Convention
No. 169, Indigenous
and Tribal Peoples,
concerning
Individual Observation
Conven
Mexico,
1999, ? 11; CEACR:
published:
concerning
tion No.
and Tribal Peoples,
Individual
169,
Peru,
1999, ? 7; CEACR,
Indigenous
No.
Observation
Convention
169 on
and Tribal
concerning
Indigenous
Peoples,
?
4.
Mexico,
2000,
See esp. ICCPR, supra note 16, arts. 25-27;
Framework Convention,
supra note 13, art.
on Minorities,
15; Declaration
supra note 46, art. 5.
See 1999 Indigenous
Rights Law, supra note 21.
98
Vol. 26
for indigenous
exploration.159 The law also provides
rights to compensation
as well as state, regional, and local support for the realization of
peoples
these rights.160 Also,
the 2001
Federal Law on Territories of Traditional
Natural Use (Traditional Subsistence
Territories) of Indigenous Numerically
of the North,
Small Peoples
Siberia and the Far East of the Russian
Federation,
regulates
conserved
"especially
nature management
indigenous
peoples
the establishment,
and development
of
maintenance,
areas formed for the purposes of traditional
wildlife
and peaceful
of settlement
land by the
enjoyment
of the North, Siberia and the Far East of the Russian
Federation."161
159.
160.
Id.
8.4 gives
indigenous
peoples
and
international,
federal,
regional,
right to compensation.
Id. Article
the
161.
162.
163.
164.
165.
166.
167.
Article
1 of
the
Law On
the
resources
and financial
the right to material
and Article 8.8 gives them
local authorities
Nature
Traditional
of the North,
Siberia
and
Indigenous
People
Towards a New Millenium,
supra note 2, at 281.
ECRI Report, supra note 26, at 41, ? 51.
The Indigenous World,
supra note 1, at 38.
Territories
of
Management
Far East of the Russian
Federation,
by
the
the
in
AMAP,
supra note 33, 65.
in the 2001
Statement
of the Association
for the Shor People
by Mikhail
Todyshev
on file with
25 July 2001,
session of the working
group on indigenous
populations,
author. See also The Indigenous World,
supra note 1, at 34.
IWGIA reports that no environmental
The Indigenous World,
1, at 41.
supra note
nor public hearing
assessment
took place before
of a gas
the start of the construction
in the south of the Tkhsanom
goes through
territory, even though the pipeline
pipeline
areas.
subsistence
indigenous
See ILO Convention
169, supra
note
9, art.
15.
2004
99
D. Cultural
Rights
the Universal
Declaration
the right of everyone
"to
recognizes
in
the
cultural
life
of
the
15
Article
of
the
freely participate
community"171;
ICESCR establishes
the states' duty to protect culture172 and Article 30 of the
Convention
of the Rights of the Child protects the right of the indigenous
child "to enjoy his or her own culture."173
Members
of minorities
have the right "to enjoy their culture,"174 to
in
profess and practice their own religion and to use their own
language,
or
and
without
form
interference
of
private and in public,
any
freely
to "express, preserve and develop
in complete
freedom
discrimination175;
27(1)
168.
169.
1 70.
171.
172.
173.
174.
175.
Id.
from letter #29/22-1
dated
of
Jan. 2001, written
Quote
by the First Deputy Minister
Economic
S.N. Kharyuchi,
in The Indigenous World,
Development,
quoted
supra note 1,
at 44, n.1.
Id. at 39-40.
supra note 79, art. 27(1 ).
instruments
also protect culture.
ICESCR, supra note 19, art. 15. Several UNESCO
on the Rights of the Child, adopted
Convention
20 Nov.
U.N.
1989, G.A. Res. 44/25,
GAOR, 44th Sess., Supp. No. 49, art. 30, U.N. Doc. A/44/49
(1989) (entered into force
2 Sept. 1990), reprinted
in 28 LL.M. 1448 (1989) (hereinafter CRC).
on Minorities,
ICCPR, supra note 16, art. 27; Declaration
supra note 46, art. 2.
on Minorities,
Declaration
supra note 46, art. 2.
UDHR,
100
Vol. 26
religious, ethnic,
linguistic and/or cultural
identity, without
being
subjected to any attempt of assimilation
against his/her will,"176 individually
or in association
with others.
the relevant documents,
the
By signing
Russian Federation has undertaken
as well as to promote
these obligations
the conditions
to national minorities
for persons belonging
to
necessary
maintain and develop
their culture, and to preserve the essential elements of
their identity, namely
their religion,
and cultural
traditions,
language,
his/her
heritage.177
ILOConvention
participation
176.
177.
Council
Meeting
rr4csce3.
178.
179.
180.
181.
182.
183.
Framework
Document
ILO Convention
169, supra note 9, arts. 2(b) & 4.
Id. art. 5.
Protection
Implementation
Report, supra note 87, at 2.
The Federal
Law on Fundamentals
of the Russian
Federation
9 Oct.
1992 and amended
adopted
by Federal Act No. 3612-1,
23 June 1999, 27 Dec. 2000,
30 Dec.
24 Dec.
2002.
2001,
Konst. RF, supra note 20, art. 21.
See National-Cultural
Autonomy
Law,
supra
note
of the Vienna
afwww.unesco.org/most/
on Culture,
Legislation
on
and supplemented
22.
2004
101
contacts.185
has
184.
185.
186.
187.
188.
189.
190.
191.
192.
See General
Minorities,
Framework
supra
note 46,
Convention,
Rec.
1201,
supra
supra
note 49,
art. 8;
102
Vol. 26
the Peoples
of the Russian
Federation193 gives the right to members
of
to learn their own languages
minorities
and indigenous peoples
1999
the right of indigenous
Indigenous Rights Law establishes
to
and
receive and dis
preserve
peoples
develop
indigenous
languages,
dispersed
and the
in the indigenous
languages, and establish
indigenous
in indigenous
and radio stations
newspapers
languages
in indigenous territories.195 Provisions
in federal laws also guarantee
operate
The 1999
minority and indigenous
language rights in judicial proceedings.
customs
Law
that
and
traditions
of such
proclaims
Indigenous
Rights
can
account
in
into
trials
be
taken
peoples
concerning
indigenous peoples,
seminate
media.194
information
Indeed,
and participation
of authorized
of numerically
small peoples
representatives
in defense of indigenous
is possible.196
accused
these
persons
Following
states
constitutions
of
the
constituent
several
of
the
Federation
safeguards,
also
guarantee
the protection
of minority
and
indigenous
cultures
and
languages.197
Provisions
193.
194.
195.
196.
197.
198.
199.
200.
201.
202.
203.
discrimination203
and positive
Law on
of the Russian
the Languages
of the Peoples
Federation
(as amended
by the
Federal Law, 24 July 1998).
1999
Indigenous
Rights Law, supra note 21.
on the Framework
art. 9, supra note
Federation
Convention
See Report of the Russian
87, at 2.
Id.
12 of the Law of the Republic
of Buryatia on the Languages
of the
For example,
Article
establishes
the right of the numerically
small
of the Republic
of Buryatia
Peoples
to use the language of the majority
of that area in the work of
of the population
peoples
in case
document
elections
and referenda
bodies,
government
processing,
conducting
Id.
of compact
residence.
13 Jan. 1996.
Education Act was adopted
The Russian
Federation
UDHR,
supra note 79, art. 26; ICESCR, supra note 19, art. 13; CRC, supra note 173, arts.
on Human
1 European Convention
28 & 29; Protocol
Rights, supra note 110, art. 2.
on Minorities,
CRC, supra note 173, art. 30; Declaration
supra note 46, art. 4.5; Helsinki
Final Act, supra note 186; Framework
Convention,
supra note 13, art. 6.
& Gibbons,
supra note 189.
Thornberry
ICESCR, supra note 19, art. 26(2).
on education
refers to discrimination
and
ICERD, supra note 11, art. 5(e)(v) specifically
on Human
1, European Convention
training; see also Protocol
Rights, supra note 110,
at 14.
2004
103
measures
to the explanatory
report to the European Charter, a "crucial
According
factor in the maintenance
of regional and minority
is the place
languages
are
in
educational
the
state has
The
Russian
given
they
system."212
the real problem of indigenous
languages' survival by establish
in
educational
institutions
in
that train teachers
ing departments
higher
native languages.213 In 1998, the Russian Ministry of Education elaborated
a
framework entitled the Concept of Reforming the System of Pre-school
and
addressed
General
School
and Training of Personnel
from among
the
Secondary
a
Small
of
the
North.214
Within
this
State
Indigenous
Peoples
framework,
Polar Academy
has been set up in St. Petersburg with a view to educating
the indigenous small peoples of the North215 and educational
and method
for
is
support
ological
teaching
indigenous
provided
languages
by the
in
federal authorities.216 Nevertheless,
education
tertiary
minority
languages
204.
205.
206.
207.
208.
209.
210.
211.
212.
213.
214.
215.
216.
note
supra
12, at ?
note
note
110, art. 2.
General
Recommendation
13, art. 6.
29.
of the Russian
104
Vol. 26
of
life."218
III.CONCLUSIONS
This article contrasted
the rights of numerically
small indigenous peoples of
the existing
international
the Russian North, Siberia, and Far East with
standards. The Russian Federation has recently signed several human rights
its international
instruments that are relevant to indigenous
rights. Following
the state has adopted
the
important
concerning
legislation
obligations,
Far
East.
of
the
and
small
Siberia,
North,
Currently,
numerically
peoples
ensure the prohibition
on the
of discrimination
constitutional
guarantees
further legislation promises
basis of race, language, and religion, whereas
and promotion
of indigenous
and
the development
cultures,
languages,
are
wide
and
communities
cultural
the
given
lifestyles.
Indigenous
rights
can
autonomous
administrative
of
regions. They
participate
option
creating
in the development
of programs that affect
of laws and the implementation
constituent
authorities can allow a quota system in order to
them, whereas
ensure that indigenous peoples have a voice in legislative bodies. Moreover,
a right of priority for indigenous ownership
the new land system guarantees
of
the participation
of the lands they have been
using and assures
in land management
and environmental
protection.
indigenous peoples
small
Nevertheless,
numerically
peoples are still in a critical situation
and do not enjoy the rights guaranteed
by the federal state. Implementation
Lack of
laws protecting
of the federal
indigenous
rights is very weak.
as
as
new
will
the
well
lack
of
the
laws
with
by
regional
political
familiarity
217.
218.
219.
& Gibbons,
See Thornberry
supra note 189, at 147.
on the Framework
Federation
Report of the Russian
tion, supra note 87, art. 12.
& Gibbons,
See Thornberry
supra note 189, at 143.
Convention,
Framework
Conven
2004
105
there is an urgent
and local authorities are to blame for this. Consequently,
will
that
and
local
need for secondary,
regional,
implement the
legislation
the
of
the
federal
judiciary, regional, and local
legislation. Also,
principles
authorities need to be educated about
authorities as well as the enforcement
importantly, practical and realistic steps need to be
indigenous
rights. Most
taken to inform indigenous peoples of their rights.
lead to inactivity
The system of indigenous autonomy
regimes cannot
to be taken to
state.
Positive
have
the
measures,
including funding,
by
standards
require the real
rights. International
peoples'
not
the
of
these
just
protection
peoples,
legal protection. Also, autonomy
cannot be used to isolate indigenous
from the society; on the
peoples
must
to
to the life of the Russian
be
contribute
contrary, they
encouraged
can
This
effective
of these
society.
only happen
participation
through
in
in
matters
and
bodies
consultation
that
affect
decisionmaking
peoples
to ensure the participation
must be developed
them. Therefore, mechanisms
these
improve
in decisions
and projects that affect them; steps must
indigenous peoples
ensure
in the local decisionmaking
to
be taken
indigenous participation
areas
a
in
where
bodies
they have
strong presence;
guarantees must be
in
enforced
for the participation
of indigenous
land management.
are taken, the new legislative framework can prove
If these measures
are
very valuable and the situation of these communities,
many of whom
near extinction,
will
improve considerably.
newly established
Through
of
small peoples
have recently reached out to ask
organizations,
numerically
for help for their acute problems. The Russian society needs to address these
and help their indigenous peoples maintain
and develop
their
problems
identities, for the benefit of indigenous peoples as much as the benefit of the
society
as
a whole.