08.03.2006 - Source: US Department of State

Law provides for support of indigenous ethnic communities; it permits them to create self-governing bodies and allows them to seek compensation if economic development threatens their lands ("Country Report on Human Rights Practices 2005") [#46144],  [ID 11415]

"The law provides for support of indigenous ethnic communities; it permits them to create self-governing bodies and allows them to seek compensation if economic development threatens their lands. In some regions local communities organized to study and make recommendations regarding the preservation of indigenous cultures. Groups such as the Buryats in Siberia and ethnic groups of the North (including the Enver, Tafarli, Chukchi, and others) continued to work actively to preserve and defend their cultures as well as the economic resources of their regions. Most affirmed that they received the same treatment as ethnic Russians, although some groups believed they were not represented or were underrepresented in regional governments. The principal problems of indigenous people remained the distribution of necessary supplies and services, particularly in the winter months for those who lived in the far north, and claims to profits from exploitation of natural resources.

According to an NGO in the Russian Far East, Aleuts on the remote Commander Islands were beginning to work in partnership with the local nature preserve. The local Aleut population and the nature preserve had been in dispute over the Aleuts' right to hunt protected seals."

Document(s): Open document

20.04.2005 - Source: Council of Europe - Commissioner for Human Rights

Background information on the minority indigenous peoples of the North and Far East ("Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to the Russian Federation, 15-30 July 2004 and 19-20 September 2004 [CommDH(2005) 2]") [#32581],  [ID 11417]

"210. One particular category of minority peoples stands out, as much for their maintenance of very traditional lifestyles as for their small numbers. These are the small indigenous peoples of the North and Far East. They represent some thirty ethnic groups ranging in number from several hundred to nearly 35 000 persons.

211. The most numerous groups, the Sakha (Yakuts) and Komi, have their own eponymous republic in the Russian Federation. The others - the Abazians, Aleuts, Inuits, Itelmens, Kamchadale, Koryaks, Mansis, Nanais, Nenets, Nivkhs, Orochis, Saami, Selkups, Teleuts, Tofalars, Tubalars, Tuvinians, Todjins, Khants, Chukchis, Chulym, Evens, Enets, Eskimos and so on – live in administrative areas such as oblasts and okrugs that generally bear their name, even if they are only a small minority of the population.

212. These indigenous peoples in remote regions have retained their authentic ways of life in a hazardous climatic environment, while adapting to the modern world, in a similar way to their counterparts in Scandinavia, Canada and the United States. Each has its own language and culture. They are semi-nomadic and roam the Siberian taiga with their reindeer herds. The reindeer is the basis of their economy, together with hunting, gathering and fishing. The basic social unit is the clan, each with its own territory on which traditional economic activities are carried out."

Document(s): Open document

20.04.2005 - Source: Council of Europe - Commissioner for Human Rights

Federal legislation concerning the indigenous peoples of the North and Far East ("Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to the Russian Federation, 15-30 July 2004 and 19-20 September 2004 [CommDH(2005) 2]") [#32581],  [ID 11418]

"217. After the fall of the Soviet Union, the Russian Federation passed legislation to protect the rights of small northern indigenous peoples. The first safeguard is Article 69 of the Constitution, which directly lays down the rights of such peoples. Further federal legislation has been adopted to reinforce these constitutional safeguards. The first was a federal law passed in 1992 on indigenous peoples‘ property and its protection. This was followed by a number of provisions, culminating in the 1999 federal law on the rights of small indigenous peoples of the north.

218. Federal legislation provides a framework for protecting these peoples‘ rights. Much of the responsibility is devolved to the subjects of the Federation, which not only have to apply the law but are also encouraged to enact their own legislation to foster the preservation and development of minority peoples‘ distinctive social, economic and cultural ways of life.

219. However one particular problem was drawn to my attention by delegates at the congress of writers of Finno-Ugrian extraction in Khanty-Mansiysk. The current legislation on the protection of minority peoples defines the latter as peoples with no more than 50 000 persons. Beyond this figure no special protection is afforded. According to my interlocutors certain peoples with slightly more than 50 000 persons need protection but are not eligible for it. Consideration might therefore be given to broadening the current statutory criteria to extend protection to all small peoples who need it.

220. Work on this has apparently already started at local level."

Document(s): Open document

20.04.2005 - Source: Council of Europe - Commissioner for Human Rights

Example of local legislation concerning indigenous peoples: the autonomous okrug of Khanty-Mansiysk ("Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to the Russian Federation, 15-30 July 2004 and 19-20 September 2004 [CommDH(2005) 2]") [#32581],  [ID 11419]

"221. I was very interested to visit at least one Russian region concerned with preserving such traditional cultures. In September 2004, therefore, I visited the autonomous okrug of Khanty-Mansiysk, whose experience in this area offers an interesting example of the preservation of small indigenous peoples of the North. Although the Khantis, Mansis and Nenets only make up a little over 0.5% of the population they benefit from special treatment from the local authorities.

222. The regional Duma operates a quota System to ensure that minority peoples in Khanty-Mansiysk are represented. Three of the twenty five seats are reserved for their representatives. Most of these peoples enjoy national-cultural autonomous status and are locally self-governing. However the most effective legislative and political instrument is still the Assembly of representatives of the small peoples of the north of the Duma of the Khanty-Mansiysk autonomous okrug.

223. This Assembly met for the first time in October 1996. Its includes the members of the Regional Duma representing the Small Northern Peoples. Under the Assembly‘s Charter of 26 April 1995, its president is automatically the vice-president of the Duma. The Assembly has become an important institutional partner that is listened to and respected. lt intervenes at all stages in decisions affecting the minority peoples. lt takes part in discussions on the okrug‘s budget and has the right to monitor the activities of the department responsible for indigenous peoples‘ affairs.

224. The Khanty-Mansiysk Duma has also enacted legislation to safeguard the rights of its indigenous peoples. A whole series of acts passed between 2001 and 2003 are concerned with the renaissance and development of local languages, traditions and customs. They take the relevant federal legislation as their model and lay great stress on traditional forms of social organisation. Many laws focus specifically on the social and economic development of the indignous Peoples of the North.

225. Khanty-Mansiysk, a recent city amongst the most prosperous in Russia, has achieved the harmonious integration of its minority peoples. Its different groups of citizens live together without difficulty, a point worthy of emphasis. Its active policies for improving living conditions benefit all categories of the population.

226. I consider the emphasis on cultural development to be very important. A state university was opened in October 2001. It pays particular attention to minority languages and cultures and has a special faculty to train minority language teachers. I was also very impressed by the arts school for the region‘s younger talents. They were learning music, dance and graphic art, while at the same time pursuing a normal secondary school curriculum. These talented young persons, including ones from distant indigenous villages, were looked after completely free of charge and the results were certainly exceptional.

227. Special regional legislation is undoubtedly a great step forward. However I was also interested to see how far it had had a practical impact on the daily lives of those concerned. The authorities offered me such an opportunity despite a heavily charged agenda. We therefore visited the village of Kichik, half of whose inhabitants are Khantis. The village is not far from Khanty-Mansiysk but during the non-winter period it could only be reached by boat or helicopter. We travelled by air, which only took about forty minutes."

Document(s): Open document

20.04.2005 - Source: Council of Europe - Commissioner for Human Rights

Oil companies may pose a real threat to indigenous peoples, but at the same time they may afford an opportunity for new ways of protection ("Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to the Russian Federation, 15-30 July 2004 and 19-20 September 2004 [CommDH(2005) 2]") [#32581],  [ID 11420]

"230. The regional authorities are not the only points of contact for the indigenous peoples‘ representatives, who have also established close relations with the oil companies that are now a permanent feature of the local landscape. Since the start of oil and gas exploration, the region has completely changed. Significant areas are now occupied by exploration equipment or by drilling rigs, pipelines and roads. Pipeline leaks have also raised the danger of pollution. Moreover thousands of hectares of pastureland have disappeared, all of which poses a real threat to indigenous peoples and their traditional way of life.

231. At the same time, industrial development has led to significant immigration. The region‘s demography and ethnic composition have changed and new cultural practices have been introduced. This new situation has encouraged indigenous representatives to enter into negotiations with the region‘s new business enterprises and the local authorities.

232. A number of federal and regional laws cover the activities of these industrial giants, which are constantly expanding in a region where 60% of the country‘s crude oil production is concentrated. All emphasise the need to protect the indigenous peoples‘ traditional habitat and associated economic activities.

233. A variety of legislation governs relations between these peoples and the oil companies and encourages dialogue on matters relating to exploration and production. More recently, agreements have been signed between the companies and indigenous representatives. These operate at various levels, from the Assembly of representatives of the small Peoples of the North to individual villages or even families. The authorities assist by ensuring that negotiations are properly conducted and that the agreements are implemented.

234. The agreements provide for compensation to families whose land is affected by oil exploration. This can take various forms such as financial damages, donation of equipment or working clothes, assistance with children‘s education or medical costs. Some companies also recruit representatives of indigenous peoples to watch over pipelines.

235. A meeting between indigenous representatives and their oil company counterparts gave me an insight into how these negotiations were conducted and what they aimed to achieve. The indigenous representatives told me that such negotiations were a considerable advance, and that discussions with the oil companies constituted a genuine dialogue.

236. Nevertheless several problems remain, in particular the failure to comply with legislation on industrial concentration and thus with environmental rules, which poses a direct threat to these peoples‘ traditional habitats. The regional authorities must intervene here to ensure that agreements between the parties are applied. For this purpose they must compile inventories of clan property and assets and define the boundaries of their traditional natural areas to control the advance of the oil companies."

Document(s): Open document