Problems of Economic Rights of the Indigenous Small-Numbered Peoples in the Krasnoyarsk Territory
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View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Siberian Federal University Digital Repository Journal of Siberian Federal University. Humanities & Social Sciences 9 (2014 7) 1521-1540 ~ ~ ~ УДК 314.1 (571.511) + 314.1 (571.512) Problems of Economic Rights of the Indigenous Small-Numbered Peoples in the Krasnoyarsk Territory Semen Ya. Palchin* Office of the Commissioner for Human Rights in the Krasnoyarsk Territory 122 Karl Marx Str., Krasnoyarsk, 660021, Russia Received 09.06.2014, received in revised form 11.07.2014, accepted 29.08.2014 The present paper is the second part of the material based on the Report of the Commissioner for the Rights of the Indigenous Small-numbered Peoples in the Krasnoyarsk Territory “On the problems of realizing the constitutional rights and liberties of the indigenous small-numbered peoples in the Krasnoyarsk Territory in 2012”. The paper thoroughly analyzes the problem of realizing the economic rights of the indigenous small-numbered peoples in the Krasnoyarsk Territory, in particular, the right to protection of their original habitat, traditional lifestyle and traditional natural resource management; the right to work and a decent life. The author not only reveals the drawbacks of the federal and regional legislation, as well as lack of law enforcement practice, but also makes recommendations and requests for authorized bodies of executive authorities and local governments to solve the existing problems. Keywords: north and arctic territories, the Krasnoyarsk Territory, legal and regulatory acts, indigenous small-numbered peoples in the Krasnoyarsk Territory, the Commissioner for rights of the indigenous small-numbered people, law enforcement practice. Providing real economic rights directly indigenous small-numbered peoples of the affects the well-being of both individuals and Krasnoyarsk Territory (Evenki, Ents people, entire ethnic groups. Realization of economic Nganasans, Chulyms, Dolgans, Selkups, Kets, rights of the indigenous small-numbered peoples Nenets people). These peoples occupy quite a enables practicing the traditional economic small area in the Evenkiysky Municipal District, activities. Below there will be presented specific Taimirsky Dolgano-Nenetsky Municipal District, experience of the Commissioner for Rights of Turukhansky District, Severo-Yeniseysky District the Indigenous Small-numbered Peoples of the of the Krasnoyarsk Territory. Krasnoyarsk Territory (hereinafter referred Heads of eight economic entities involved in to as the Commissioner), law enforcement traditional economic activities of the indigenous practice of both federal and regional normative small-numbered peoples of the North asked the and legal documents governing the rights of Commissioner to pay attention to the lack of © Siberian Federal University. All rights reserved * Corresponding author E-mail address: [email protected] – 1521 – Semen Ya. Palchin. Problems of Economic Rights of the Indigenous Small-Numbered Peoples in the Krasnoyarsk Territory implementation of their economic rights to fishing projects on the traditional lifestyle and and hunting due to the inability to participate natural resources management of the on the equal terms with other competitors in indigenous peoples; distribution of fishing and hunting lands, as • imperfection of tax laws permitting the well as to facilitate the territory organization of RF subjects to use mineral resources traditional natural resource management of the payments for social and economic indigenous small-numbered peoples. development of the indigenous peoples; The Commissioner states the existence of • “removal” of the right of the indigenous systemic problems in ensuring economic rights. peoples to higher priority in natural To understand this issue, he uses a systematic resources management from the federal approach to it for identifying the major components legislation; of this issue, impeding the implementation of • legal uncertainty as to the ethnic identity these economic rights. of people belonging to the peoples of the The first set of problems is imperfection of North; the federal legislation. • declarative character of the series of The second set – imperfection of the regional federal laws, including the Law “On legislation. territories of traditional natural resources The third set – poor law enforcement management of the indigenous small- practices in the existing federal and regional numbered peoples of the North, Siberia legislation. and Far East of the Russian Federation”. The right to protection of peoples’ original The Commissioner addressed the deputies habitat, traditional lifestyle and traditional of the Legislative Assembly of the Krasnoyarsk natural resource management Territory, referring to them as holders of a Considering the first set of problems, it is right to introduce legislative initiative into the necessary to turn to competent lawyers, experts Federal Assembly of the Russian Federation. on these issues, among which the Commissioner The Commissioner recommended the deputies reckons V.A. Kriazhkov, Professor, Doctor to prepare legislative initiatives that may deal of Juridical Science, and Counselor in the with the revealed shortcomings. Constitutional Court of the Russian Federation. The second set of the problems is connected His comprehensive review of the existing with the imperfection of the regional normative federal legislation brings to light the following and legal framework. The main legislative acts of weaknesses and vulnerable points of this issue: the Krasnoyarsk Territory regulating the sphere • lack of implementation of the indigenous of economic rights of the indigenous peoples are: peoples’ rights to get lands for lifetime • Charter of the Krasnoyarsk Territory of inheritable possession and free use of 05.06.2008 № 5-1777 (as amended on them; 20.06.2012); • inability to obtain land spots for the • Law of the Krasnoyarsk Territory of traditional hunting and fishing on non- 25.11.2010 № 11-5343 (as amended on competitive basis; 24.05.2012) “On protection of the original • absence in the federal legislation of habitat and traditional lifestyle of the required standard assessment of the indigenous small-numbered peoples of possible negative impact of industrial the Krasnoyarsk Territory”; – 1522 – Semen Ya. Palchin. Problems of Economic Rights of the Indigenous Small-Numbered Peoples in the Krasnoyarsk Territory • Law of the Krasnoyarsk Territory of • Provision of the arrangements to create 01.07.2003 № 7-1215 (as amended on the federal importance territories of 25.11.2010) “Fundamentals of legal traditional nature resource management guarantees for the indigenous small- of the indigenous small-numbered peoples numbered peoples in the Krasnoyarsk in the Krasnoyarsk Territory (item “з” of Territory”; article 8); • Law of the Krasnoyarsk Territory of • Approval procedure of established by 18.12.2008 № 7-2660 (as amended on federal authorities in the Krasnoyarsk 01.11.2012) “On the social support of Territory restrictions of non-traditional citizens living in the Taimirsky Dolgano- for the indigenous small-numbered Nenetsky Municipal District of the peoples activity of organizations (all Krasnoyarsk Territory”; forms of federal ownership) in places of • Law of the Krasnoyarsk Territory of original habitat and traditional nature 18.12.2008 № 7-2658 (as amended on resource management of the indigenous 24.05.2012) “On the social support small-numbered peoples (item “и” of of citizens living in the Evenkiysky article 8); Municipal District of the Krasnoyarsk • Regulation determining the list and terms Territory”. of economic activity restrictions for The article 12 of the Krasnoyarsk Territory’s organizations of all forms of ownership in Charter declares protection of the rights to places of original habitat and traditional traditional land use, management and crafts for nature resource management of the the indigenous small-numbered peoples of the indigenous small-numbered peoples in North. This law proclaims that the main way the Krasnoyarsk Territory (item “л” of for organizing and ensuring the protection of article 8); the original habitat and traditional lifestyle of • Provision of ethnological expertise (item the indigenous peoples is to create, protect and “д” of article 8); use territories of traditional nature resource • Provision of procedure of granting management. The formation of such territories inventory to people exposed to the law would provide the most efficient realization of (item “в” of article 16); economic rights of the indigenous peoples, but • Provision of organization of training, for that it is necessary to develop and approve a retraining and advanced training in number of subordinate legislative acts, namely: occupations necessary to the indigenous • Provision of the regional importance small-numbered peoples’ communities territories of traditional nature resource for the implementation of traditional management of the indigenous small- economic activity (item “з” of article numbered peoples (item “б” of article 8); 16). • Procedure of creating the territories of The Commissioner appealed to the traditional nature resource management Government of the Krasnoyarsk Territory to of the indigenous small-numbered peoples accelerate the development and adoption of and list of documents that are necessary these legal and regulatory acts. Otherwise, for making a decision on the creation of violations of economic rights of the indigenous