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Crimean Karaites and Krymchaks As Indigenous Peoples of Crimea in the Modern Conditions

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Crimean Karaites and Krymchaks As Indigenous Peoples of Crimea in the Modern Conditions 8 Global Journal of Anthropology Research, 2017, 4, 8-16 Crimean Karaites and Krymchaks as Indigenous Peoples of Crimea in the Modern Conditions Borys Babin1,* and Anna Prykhodko2 1Department of International Law and Comparative Jurisprudence of International Humanitarian University (Odesa, Ukraine) 2Postgraduate of Legislation Institute of Verkhovna Rada of Ukraine (Kyiv, Ukraine) Abstract: Objectives: This study aims to determine the qualification of the statute of two indigenous peoples residing in Crimean peninsula (Crimean Karaites and Krymchaks) in conditions of current interstate conflict. Materials and Methods: Coherent analysis was made according to the common principles of law, norms of international human right law, to the provisions of Ukrainian and Russian legislation and to the present scientific publications devoted to the history and ethnic origin of Crimean Karaites and Krymchaks Results: Author proved the duty of Ukraine to finish the procedure of official recognizing the Krymchaks and Karaites as the indigenous peoples (with the procedure in analogy for parliamentary Statement on Crimean Tatar People’s statute on March 20, 2014) and to adopt the Law on the Status of Indigenous Peoples fixing the prescriptions of the UN Declaration on Rights of Indigenous Peoples on the principles of subsidiarity. Conclusion: collective political, economic, social and cultural rights of indigenous peoples must be defended despite any politic and military circumstances an situations of interstate conflict. Keywords: Annexation, Occupation, Crimean karaites, Krymchaks, Indigenous peoples, UN legal standards. INTRODUCTION and ethnic origin of Crimean Karaites and Krymchaks are lighted at, materials of media are watched. The The historical, legal, ethical preconditions of hermeneutic, formal legal, program, statistic and application the international legal mechanisms may historic methods were implemented in the article. give ground for protection and promotion the rights of the indigenous peoples as specific ethnic groups in DISCUSSION Ukraine, including some Crimean ethnic groups. Traditionally relevant issues are connected with the Crimean Karaites (Karays) and Krymchaks before Crimean Tatar People (CTP) as indigenous people (IP) 2014 officially recognized in 1995-2014 by Ukrainian government and UN structures. While several other Crimean Karaites (Karays) and Krymchaks ethnic groups of Ukraine may be qualified with the appeared as separate ethnic groups in the Crimea in corresponding status. Those Crimean IPs are the the early Middle Ages. Their ethnic origin is almost unique example for recognizing the UN IP undetermined certainly, both groups have Turk, standards for European autochthon ethnic groups. So Hebraic and Goth roots and is not clearly determined. the repercussions of such recognition for their ethnic Anyway they had the actual national-cultural autonomy situation and development are the important object of mechanisms, reflected in the normative acts and research not for legal or politic sciences, but for governing practice of the Crimean Khanate, Russian Empire and the Crimean Autonomous Soviet Socialist anthropology also. Republic (A.S.S.R., to 1945). In legal acts of the MATERIALS AND METHODS Crimean Khanate, the Russian Empire, the Crimean A.S.S.R., the USSR and the Republic of Crimea these Author researched the legal, normative and ethnic groups were called as peoples and were program acts of UN structures, Ukraine, Russia and recognized as indigenous population; they had features Crimean autonomy, devoted to the issue of indigenous of collective state-legal status [1, p. 189]. Non- peoples, including aspects of interethnic relations. The numerous character of these ethnic groups has led to present scientific publications devoted to the history their almost complete annihilation due to Hitler's genocide against the Krymchaks. Also it was lead by the destruction the religious authorities of both ethnic *Address correspondence to this author at the Department of International Law and Comparative Jurisprudence of International Humanitarian University groups during Soviet time, which contributed before to (Odesa, Ukraine); Tel: +380639495556; E-mail: [email protected] their national consolidation [2, p. 115]. Remnants of E-ISSN: 2410-2806/17 © 2017 Cosmos Scholars Publishing House Crimean Karaites and Krymchaks as Indigenous Peoples of Crimea in the Modern Global Journal of Anthropology Research, 2017, Vol. 4, No. 1 9 these ethnic groups, however, cheered the national January 21, 1991 recognized the Karaites and consciousness in the 1989-1992. The powers of the Krymchaks as a Non-numerous Crimean Peoples and Crimean autonomy used some organizational and legal established a list of measures to maintain their cultural measures to maintain their identity. It led to the official identity [4]. legal recognition of these ethnic groups as a “Non- numerous Crimean Peoples.” The processes of legal regulations of ethnic phenomenons that began after Ukraine gained Newly-founded Crimean A.S.S.R. of 1921-1945 was independence in 1991 appeared for the factor of the treated by the Soviets precisely as the National multiculturalism of Ukrainian people. It included as well Autonomy of CTP, which it evidenced by the way of its the formal joining of the non-Ukrainian ethnic groups, creation, official languages and personnel policies. which were indigenous ones to Ukraine, to its structure. Crimean Tatars, Karaites and Krymchaks were These processes led the Ukrainian parliament to adopt recognized as IP of Crimea in the official documents the Declaration of the Rights of Nationalities, 1991 and and academic journals of Soviet period before II WW. the Appeal to the Citizens of Ukraine of All In addition, they recognized many times as a separate Nationalities, 1991, with recognition by those and many nation in legal acts of the Russian Empire, the U.S.S.R. other acts the existence of some “peoples”, as a part of and the Crimean A.S.S.R. the Ukrainian People, including the CTP, and the presence of the collective rights guaranteed by the Krymchaks were the object of Nazi genocide in state for such ethnic groups. However there was not Crimea during 1942-1944. The deportation of CTP in logical legal development describing the rights of those May 1944 took place by order of the People's “peoples” later. Commissariat of Defense of U.S.S.R. Presidium of the Supreme Council of the U.S.S.R. on June 30, 1945 After the politic decision of problem of the Crimean adopted the Resolution approving the Law preceded by autonomy, the Constitution of Ukraine, 1996 did not the Russian S.F.S.R. on June 25, 1945, which directly connect the status of Autonomous Republic of Crimea connects the conversion of the Crimean ASSR into the (ARC) with CTP and/or with other IPs of Ukraine. The ordinary region (oblast) with the deportation of the Constitution of the ARC, 1998 avoided to mention the CTP. It caused the further forced assimilation and rights of the IPs of Crimea as a legal basis of the rusification of Karaites and Krymchaks till the autonomy also (however, the status of official destruction of U.S.S.R in late XX century. languages of the ARC was fixed both for the Russian and Crimean Tatar languages). Before this collapse Supreme Council of Ukrainian S.S.R. adopted the Law № 712-XII on February 12, At the same time the development of the democratic 1991 “On the Restoration of Crimean A.S.S.R.” without social and legal state institutions and civil society in waiting for the decision of U.S.S.R. authorities. This law Ukraine objectively made it necessary to provide the transformed the statute of the Crimean oblast of the legal status to the NIP of Ukraine as an integral part of Ukrainian S.S.R. [3]. However, the former government the multinational Ukrainian people and to create the (executive committee) of the Crimean oblast were preconditions for their development. So the proclaimed as thr authorities of the newly created Constitution of Ukraine, 1996 launched a national A.S.S.R.; representatives of CTP were not involved into constitutional institute of IPs. According to Art. 11 of the the system. The analysis of these documents may Constitution of Ukraine, the state shall promote the assume that Russian separatists hoped to use the CTP development of ethnic, cultural, linguistic and religious movement with their own purpose. It was to prepare identity of all IPs of Ukraine; under its art. 92 rights of grounds for the secession of Crimea from the Ukrainian IPs have to be determined by the laws of Ukraine. S.S.R. to Russian one and to conclude a certain model Section 3 of art. 119 of the Constitution states, that of cooperation with it. local state administrations provide on relevant territory, in areas where IPs live, the implementation of the At the same time the Crimean authorities programs of their cultural development. However, recognized Karaites and Krymchaks as separate practically the similar rights were secured by the peoples, obviously not having any reasons to worry Constitution for the national minorities. about any threats from the side of these ethnic groups, as they were on the verge of extinction. Thus, the The introducing to the text of Constitution those Council of Ministers of the Crimean A.S.S.R. on norms of art. 11, 92 and 119 with the “IP” term became 10 Global Journal of Anthropology Research, 2017, Vol. 4, No. 1 Babin and Prykhodko possible due to the peculiarities of the process of - national, linguistic, cultural and religious
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