Ассоциация коренных малочисленных
народов Севера, Сибири и Дальнего Востока
Российской Федерации

Russian Association of Indigenous
Peoples of the North, Siberia and the Far East
 

RAIPON

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The legislation on the indigenous rights was discussed in Russian Public Chamber

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September 13 Russian Public Chamber hosted the roundtable "The legislation development on the rights of Indigenous Peoples of the North, Siberia and the Far East: Issues and horizons". The meeting was organized by Russian Association of the indigenous peoples of the North (Raipon), Russian Indigenous Peoples’ Alliance (Rica) in cooperation with Russian Public Chamber and International work group for indigenous affairs (IWGIA).

The event were participated by representatives of the federal executive and legislative authorities, and the indigenous peoples. The discussion focused on the results of the Russian Government obligations to improve the legislation on the indigenous rights.

In 2009, the Russian government approved the concept of sustainable development of indigenous peoples of the North, Siberia and the Far East (CSD). Later the Government also approved the action plan for the implementation of the CSD in 2009-2011. At the same time Russian Federation implements the action plan of priority measures of the Second International Decade of the World’s indigenous peoples in Russia.

These documents include items that need to be implementing by 2011:

-          Develop the necessary regulations to establish territories of traditional nature use of Indigenous Peoples according the Federal law which was passed in 2001;

-          Create a model territory of traditional nature use;

-          Elaborate the strategy of the relationship between indigenous peoples and corporations;

-          Prepare proposals for the Forestry Code, Land Code, and the Water Code of the Russian Federation to guarantee to indigenous peoples the priority access to the biological natural resources.

-          Formulate federal lows’ drafts to guarantee to indigenous peoples the priority access to the hunting and fishing areas on the indigenous territories;

-          Strengthen the state efforts to support indigenous culture and languages, improve the health and educational standards.

The representatives of the ministry of natural resources, federal fisheries agency, and ministry of regional development made the statements within the meeting. The head of the Department in Ethnic Relations of the Ministry of Regional Development Alexander Zhuravskiy said that some conditions of SCD accomplished to a varying degree and then described some of it. In his report he confirmed that Russian Federation up to date has not established any territory of traditional nature use.

Indigenous representatives noted that, unfortunately, the federal legislation of the territories of traditional nature use is not improved yet. Despite the current law was passed in 2001 and so far none of such territories in Russia were created. Ministry of Regional Development is developing a new draft of federal law on the territories of traditional nature use, which reduces the indigenous rights. It not provides to such territory a special protective status of environmental areas, which protect them from industrial projects. In addition the new law’s draft not allowed that such territories can be created at the regional municipality level. So it's became more difficult for indigenous peoples to create such territories. Also the bill is developing by the Ministry for last three years but not submitted to the State Duma yet, that retard the creation of the territories.

Also, the Government is not developed proposals to the Forest, Land, and the Water Codes. The Governments’ representatives could not answer how the current laws can provide priority access of indigenous people for hunting and fishing. There is no progress in legislation on health, education and support of indigenous peoples' languages in the past three years. The Government supports the festivals of indigenous culture only.

Also, there is no law on the document, which would confirm the nationality of indigenous peoples. This point just removed from the action plan of priority measures of the Second International Decade of the World's indigenous peoples in Russia. Indigenous peoples have to prove their nationality in the court to be able to hunting, fishing and receiving a social pension.

Doctor of legal sciences Vladimir Kryazhkov did an analysis of legislative initiatives of the Government over the past three years and concluded that the legislation on indigenous rights is regressing. He was supported by Michael Todyshev, a representative of the Council of Federations in Russian Parliament, who mentioned that his committee prepared several legislative initiatives which were not supported by the federal Government.

The meeting participants decided to make the request to the Russian Government about the reasons for non-compliance of the own Russian Government orders and instructions of the Russian President to improve to the indigenous legislation. Also the recommendations to improve the federal legislation will be send to the Government.

 

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