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

Home , Crimean Khanate, Crimean Tatars, Crimean Tatar language, Krymchaks, Politics of Crimea, Turks in Ukraine

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 identity adoption of the Constitution in June 1996. In particular of this IPs; it was caused through democratic discussion of amendments to the draft Constitution within the - self-consciousness of the representatives of framework of parliamentary Constitutional commission. these ethnic groups in a capacity of IPs. Alas, Ukraine has not passed later the legislation that The features of these ethnic groups, imposed by the would specify those provisions of the Constitution. The current national ethno-political situation, did not allow to rights of some ethnic communities residing in Ukraine make a decision about the establishment of the are not able to be ensured by the laws on national national-territorial autonomy on the traditional and minorities, including the historical, socio-cultural and modern territories of their residence of to give them all political factors that have resulted from their indigenous natural resources and lands of Crimea to the origin. ownership. Such features are: the loss of specified According to the governmental draft of the Concept traditional forms of farming and nature management, of the State Ethnic Policy of Ukraine, IP is an the lack of a long tradition of existence of modern autochthonous ethnic community, which has its ethnic representative institutions, the being of the absolute origin and genesis on the territory in the boards of paucity in Crimea. Even the formal legal final contemporary Ukraine and is an ethnic minority in the recognition of those ethnic groups as IPs has not been composition of Ukrainian population and does not have finished occurring within 23 years of independence of own state formation outside the Ukrainian state. Some Ukraine. Laws of Ukraine approved in the 1990s, contain the During first decades of XXI century some acts term “IPs”, in particular the Law “On Local State concerning the IPs issues were adopted in Ukraine. Administrations”, 1999 and the Law “On the Supreme Prescript of Cabinet of Ministers of Ukraine on May 16, Council of the ARC”, 1998. Also we may point on some 2001 № 187-р ordered to the Ministry of Justice of regulative acts of the ARC at the period of 1998-2003, Ukraine and to the Council of Ministers of ARC to that established de jure some special status for research the issue on compliance the rights of Karaites Crimean Tatar language in Crimea although in fact they and Krymchaks and, if it will be able, to give the mostly were not realized. coherent propositions to the Government [5]. State In the independent Ukraine representatives of the Program of Secure and Preservation the Intangible Karaites, Krymchaks and Crimean Tatars claimed to be Cultural Heritage on 2002-2008, adopted by the recognized as IPs. The National movements of Resolution of Cabinet of Ministers of Ukraine on Karaites and Crimean Tatars have arranged their December, 23 2004 № 1732 prescripts to the National specific organizational forms. Karaite ethnic group Academy of Science and the Council of Ministers of created the representative council – Ulu Beylik, elected ARC to held the scientific researches the history and by Karaites National Congress in 2003. The cultural heritage of Crimean Karaites and Krymchaks compliance of Karaites and Krymchaks towards of the [6]. Ukrainian Law “On Grounds of State Language international requirements according with the Policy” adopted on July 3, 2012, provided the minority characteristics of IPs may be noticed for some points: language statute for Karaite and Krymchak languages [7]. Also we may point on norms of Resolution of - the emergence and development of this IPs as Verkhovna Rada of ARC № 582-6/11 on November 16, separate ethnic groups in Ukraine, the absence 2011 “On Measures of Preserving the Historic-Cultural of their own historical country abroad of Ukraine Heritage of Crimean Karaites and Krymchaks for 2012” and lack of other state or public entity, with which [8]. they could connect their own national identity (autochthonous character of these ethnic Crimean Karaites (Karays) and Krymchaks in Interstate Conflict’s Conditions groups);

- the presence of their indigenous’ traditional The occupation and subsequent annexation of territory of residence (Crimea) in Ukraine, with a Crimea (ARC and Sevastopol) by Russia (RF) held in close organic historical and cultural ties for these February-March 2014, greatly exacerbated the problem IPs; of the rights and interests of the IPs of Ukraine. Under foreign occupation of Crimea, which grew into its Crimean Karaites and Krymchaks as Indigenous Peoples of Crimea in the Modern Global Journal of Anthropology Research, 2017, Vol. 4, No. 1 11 annexation, the newly formed government of Ukraine cultural, social and political rights of citizens of Ukraine, paid attention to the issue of IPs; as their natural including IPs and national minorities” as the ground of collective rights were rejected by the authority of RF the humanitarian, social and economic policy in relation and separatists “government” of the Crimea. to the population of temporarily occupied territory. This approach supposes that Ukraine considers the Therefore, the Ukraine Parliament adopted the collective rights of IPs by this way as a form of Statement of Verkhovna Rada of Ukraine on the exercising the rights of citizens of Ukraine. This is not Guarantees of the Rights of the CTP as a Part of the perfect in terms of the existing international theoretical Ukrainian State (proposed by p.d. P. Poroshenko), concept, according to which collective rights may be which was approved by Resolution on March 20, 2014 considered as human rights but not as the rights of № 1140-VII. The preamble of the Statement contained citizen. a reference to the objectives and principles enshrined in Arts. 3, 11, 15 of the Constitution of Ukraine, in Art. 1 However, this configuration let us to suggest that of the UN Charter and in the UN International Covenant the rights of IPs of Ukraine in Crimea are covered by on Economic, Social and Cultural Rights also as in the the rules of parts 1, 3 of Art. 5, parts 1, 2 of Art. 17 of Vienna Declaration. By this Statement (point 4) this Law, under which Ukraine is taking all necessary Parliament of Ukraine has declared its support to UN measures to guarantee the rights and freedoms of man Declaration on the Rights of Indigenous Peoples and citizen stipulated by the Constitution and laws of (DRIP). Ukraine, by international treaties, to all the citizens of Ukraine who live in the temporarily occupied territory. At the art. 8 of this Statement Ukraine also strongly Thus the responsibility for the violation of such rights at condemned any attempt to restrict the political and the temporarily occupied territory is charged on Russia social rights, civil liberties of Ukrainian citizens of as the state-occupier in accordance with the norms and different ethnicities living in Crimea, in particular, principles of international law [10]. Ukrainian, Russian, Crimean Tatars, Armenians, Bulgarians, Greeks, Germans, Karaites, Krymchaks According to the rules of Law № 1207-VII in a case observing as a result of unconstitutional referendum in of violation of its provisions, state bodies of Ukraine the ARC. The Statement on March 20, 2014 has the should use the mechanisms provided by the laws of historical character; implementation of the Statement Ukraine and international law, to protect the peace, was conducted by Ukraine on the international scene security, human rights, freedoms and legitimate during the regular annual session of the UN Permanent interests of citizens of Ukraine who are located on the Forum on Indigenous Issues in May 2014 [9]. temporarily occupied territory. Also, Ukraine is obliged Permanent Mission of Ukraine to the UN organized to take all possible measures, including prescribed by event of support for the CTP in Crimea during the an International Law, to restore the rights and freedoms forum; on May 13, 2014 the representative of Ukrainian of human being and citizen undermined as a result of mission made the formal declaration at the session of the occupation. It should be added that the DRIP, of the Forum about the support of the UN DRIP by course, can be regarded as a collection of relevant Ukraine. We should add that this announcement was norms of the International Law that can be applied by made on behalf of the Government of Ukraine. It Ukraine to implement the requirements of the Law № managed to get rid of ambiguity due to the fact that as 1207-VII. Also norms of part 7 of Art. 5 of the Law № usually unilateral acts of states, including their 1207-VII put the responsibility for the protection of international decisions, are issued by national cultural heritage in the temporarily occupied territory on Government (as it was made by Australia, Columbia, Russia as on the state-occupant, according to the Canada and New Zealand governments for DRIP norms and principles of the International Law. This issue), not by the Parliament. must certainly be disseminated on the cultural heritage of the IPs of Ukraine in Crimea. The relevant adverse events in Crimea contributed to approval of some new regulations, especially the We may point also on the drafts of the Law on the Law of Ukraine on April 15, 2014 № 1207-VII “On Status of IPs of Ukraine, introduced to Parliament in Ensuring of the Rights and Freedoms of Citizens and March 2014. They are: the draft “About the Restoration Legal Regime for the Temporarily Occupied Territory of of the Rights of IPs of Ukraine Forcibly Relocated from Ukraine”. The preamble of the Act the declared as the Crimea” № 4434 on March 13, 2014, submitted by MP basis the “protection and full realization of national, G. Moskal and the draft “On the Rights of IPs of 12 Global Journal of Anthropology Research, 2017, Vol. 4, No. 1 Babin and Prykhodko

Ukraine” № 4501 on March 20, 2014, submitted by of project № 4434, rejected by the parliamentary deputies V. Karpuntsov, O. Prodan, R. Pavlenko, T. committee. Corner and I. Heraschenko. In those conditions a draft of the resolution “On It should be indicated that the project № 4434 was Statement of Verkhovna Rada of Ukraine on made by analogy with a number of previous draft laws, Preserving in Ukraine the Originality and Cultural including governmental, previously proposed to solve Heritage of Crimean Karaites (Karays) and Krymchaks” the deported problem [11]; actually the category of № 2680 was registered in Ukrainian Parliament on “deportees” in text of № 4434 was replaced by the April 20, 2015. The profile parliamentary Committee on category of “IPs”. Most of the rules of the project was Issues of Culture and Spirituality researched this draft devoted not determine the status of IPs but to establish and recommended to adopt it (protocol of session on the competence of public authorities to organize their May 13, 2015 № 13); also this project was adopted by return and resettlement in Ukraine; project concerned the parliamentary Committee on Human Rights, exclusively the CTP (without notices about Karaites National Minorities and Ethnic Relations and other and Krymchaks) [12]. These circumstances led to the committees. rejection of this draft by the Parliamentary Committee. Later the same draft was registered in Ukrainian The draft of the Law № 4501, proposed by Parliament on June 16, 2016 № 4827 [14] but was not mentioned group of democratic deputies is more voted. Then, according to the p. 10 of art. 112 of the sophisticated and high-quality document that puts Working Plan for realization the National Human Rights forward the purpose of determining the rights of IPs in Strategy, adopted by Ukrainian Government on Ukraine and the characteristics of their implementation. November 23, 2015, till the end of 2016 Ministry of In fact, this draft is the maximum possible Culture of Ukraine together with international experts implementation of the norms of the UN DRIP. It and NGOs were determined as responsible for the presents the list of the rights of IPs set in the DRIP. development the draft of the Law on Indigenous Therefore, this approach of its authors, provided with Peoples of Ukraine. Such project was developed by the the official acknowledgment by Ukraine the significance Foundation on Research and Support of the of this DRIP should be considered as productive one. Indigenous Peoples of Crimea and Crimean Tatar According to Art. 1 of the draft of this law IPs of Ukraine Recourse Center, was discussed on UN EMRIP and – are the autochthonous ethnic community, which is ODIHR OSCE annual Sessions in 2016, it got positive densely settled and descent from the territory held expert opinion from Legislation Institute of Verkhovna within the state border of Ukraine, which is an ethnic Rada of Ukraine [15]. minority in the population of Ukraine and does not have own state formation outside Ukraine. Project proposes Crimean Karaites (Karays) and Krymchaks and Policy of Russia to determine the Crimean Tatars, Karaites, Krymchaks as IPs Ukraine “compactly residing in ARC – an So far as RF as the state-occupier considers today integral part of Ukraine” [13]. the Crimea’s territory as its own, RF has extended its This article (the other provisions of the draft own national legislation over that one. Therefore, it is regulations is the transfer of the UN DRIP) actually was necessary to examine separately the legislation of the borrowed by its authors from the draft of the Concept of RF on Indigenous Issues. Imperial nature of Russian National Ethnic Policy of Ukraine, and causing a State contributed to the compilation of original solutions number of observations. As the issue of ethnic genesis to the problem of the legal status of Indigenous non- is difficult to be connected with certain territory inside titular population of Russia. Historical background of the modern state borders; in addition, Karaites and this view was so-called “inorodetz” law in imperial Krymchaks now live scattered across Ukraine not in period; after the revolution in 1917 the Russian Crimea only. Also we must not forget that the traditional S.F.S.R. and the U.S.S.R. borrowed the relevant territory of residence of the Crimean Tatars in Ukraine, institutions to solve the problem of the status of the except ARC, is Sevastopol town district (also for indigenous inhabitants of the North, Siberia and Far Karaites) and areas of Kherson and Zaporizhzhya East of the Russia. Some other peoples received the regions. During parliamentary consideration of this draft status of titular nations of autonomous republics, or Verkhovna Rada of Ukraine sent the project № 4501 were assimilated during the XX cent., till the loss of for revision and proposed to consider the suggestions political and cultural identity. Crimean Karaites and Krymchaks as Indigenous Peoples of Crimea in the Modern Global Journal of Anthropology Research, 2017, Vol. 4, No. 1 13

Current legal regulations of the RF, including federal We should add that the government of the RF sets laws and laws of the federation subjects, which now out an exhaustive list of non-numerous IPs living in regulate the legal status of IPs of Russia, were Russian territory. The first one was the United List of approved under the banner of the provisions of Art. 69 Non-Numerous IPs of RF approved by the Government of the Constitution, 1993. This norm obligates RF to RF on March 24, 2000 № 255. The next one was the guarantee the rights of non-numerous indigenous List of IPs of the North, Siberia and Far East of the RF peoples “in accordance with universally recognized approved by the Governmental Prescript on April 17, principles and norms of international law and 2006 № 536-p. This is interesting that this List was international agreements of the RF”. As a furtherance amended several times (some ethnic groups were of these provisions of the Constitution some federal law included and some – excluded without any official was approved: “On Guarantees of the Rights of Non- explanation); today this List includes 40 ethnic groups, Numerous Indigenous Peoples of the RF” on April 30, of which only 2 (Sami and Vepses) are living in the 1999 № 82-ФЗ, “On General Principles of Organization European part of RF. During 2009-2011 Russian of Communities of Indigenous Non-Numerous Peoples Government excluded from List such European nations of the North, Siberia and Far East of the RF” on July of RF, as Besermyans, Vod`, Izhors and Seti; we can 20, 2000 № 104-ФЗ and “On Territories of Traditional assume that the Sami is still in the List because of their Nature Use of the Indigenous Peoples of the North, cross-border status and Vepses – because of ethnic Siberia and Far East of the RF” on May 7, 2001 № origin of V. Putin. 49-ФЗ [16]. We must add that the right of a state to determine, Additionally such acts, as a List of Places of which ethnic group is the IP in general is ambiguous Traditional Residence and Traditional Economic (as it borders on the restriction of the right to self- Activities of Non-numerous Indigenous Peoples of the consciousness). But this competence of the state does RF, approved by the Government of the RF on May 8, not include by any way the possibility of cancellation of 2009 № 631-p and the Concept of Sustainable such recognition of ethnic group as IP because of Development of the Non-Numerous Indigenous some subjective factors. Also, abovementioned Federal Peoples of the North, Siberia and the Far East of the law on April 30, 1999 № 82-ФЗ gave the special RF, approved by the Russian Government on February mandate to the State Council of the Republic of 4, 2009, № 132-p have importance for the Dagestan to establish a separate List of Republican’s determination of the status of IPs in the RF. IPs, to determine their quantity and other These acts of Russian legislation provide a wide characteristics – because of the “unique ethnic range of collective (ethnic) rights for non-numerous IPs, composition of the population of the Republic of but do not recognize the existence of IPs` rights to Dagestan by the number of peoples residing in its political self-determination and limit the rights of territory”. The list of IPs of the Republic of Dagestan collective ownership on traditional areas of residence was approved by the republican State Council on and coherent natural sources for the IPs. Legal October 18, 2000 № 191, and soon was adopted by doctrine of the RF recognize the ethnos as IP, central authorities of the RF. That is noteworthy, that according to autochthonous factors and historic among the 14 IPs of Dagestan this List ethnic Russians grounds, but also with non-numerous criteria, by which were attributed. IP can be recognized only if its representatives are no For the reason of increasing of the international more then 50,000 persons, and with condition of attention to IPs in Crimea the separatist authorities preserving the traditional forms of their lifestyle [17]. decided to implement the pointed legislation of the RF Such conditions do not allow for a number of ethnic in relation to the Crimean Karaites and Krymchaks. groups in RF to obtain the status of IP – in cases of This step has a political importance but in practice it is excess of quantity of their representatives of 50000 clearly seen that less than 100 of assimilated persons or in cases of rejection (even partial) of the Krymchaks and some hundreds of Karaites are not traditional way of life in terms of modern urbanization. considered by the separatist regime also as by Therefore, in particular, CTP can not get the status of authorities of RF as any kind of a threat. So called the IP of RF from occupying power and use it to protect “State Council of the Republic of Crimea” had adopted their collective rights and interests (as there is a Resolution on June 25, 2014 № 2254-6/14 “About approximately 250000 Crimean Tatars in Crimea). the presentation of the proposal to the Government of 14 Global Journal of Anthropology Research, 2017, Vol. 4, No. 1 Babin and Prykhodko the RF “On the Inclusion the Crimean Karaites and the peoples of Crimea agreed the decision on Krymchaks into the Unified List of Indigenous Non- reunification with Russia on the rights of subject of the Numerous Peoples of the RF”. RF”. The thesis on the “Peoples of the Crimea” is also being in the Art. 3 of this “Treaty”, under which RF This proposal recognized that in a multi-ethnic guarantees to all the Peoples “residing in the Republic community of Crimea special position is occupied by of Crimea and Sevastopol city of federal significance”, non-numerous IPs – Crimean Karaites and Krymchaks, the right to preserve their native language and to create which had been formed historically precisely on this the conditions for its learning and development. territory and have a complex and multi-layered ethnic genesis, own ethnic identity, cultural identity and It is necessary to point out that the implementation religious independence [18]. This resolution of of the right to self-identification by IPs of Ukraine under separatist authorities was the ground for a project of occupation is complicated by the anti-humane Russian the Resolution of the Government of the RF that was propaganda, by quasi-historic “scientific” theories, officially proposed for a public discussion for June 27 – which are used by the occupation authorities in order to August 18, 2014 on governmental web-site but still is prove the “non-indigenousness”, “inferiority” of the IPs, not adopted. and to distort their history. Unfortunately, the relevant efforts were performed in the past by some state There are some “non-governmental” organizations, authorities and officials of Ukraine and ARC (though which today unites officially IPs of the RF, is the not so often and rigid). Russian Association of IPs of the North, Siberia and Far East of RF (RAIPON) and L`auravetl`an This situation is duplicated in the Resolution of the Information and Education Network of IP (LIENIP). Supreme Council of ARC “On the Independence of the Those associations used actually as a tool of influence Crimea” on March 17, 2014 № 1745-6/14 which of Russian federal authorities as to the IPs themselves, indicated on the “direct expression of the Peoples of as to the international structures formed for the the Crimea on a referendum”, which "showed that the problems of IPs (now LIENIP is supported by federal Peoples of the Crimea were in favor of joining into authorities little bit more than RAIPON). Russia, and therefore, for withdrawal from Ukraine and for establishing an independent state”. Both of them include only peoples who are appropriate from the point of view of Russian list of It draws the an attention that this model of “Peoples non-numerous Indigenous Peoples. So some IPs of of the Crimea” is discarded as useless, in the so-called Russia have no any chance to the members of those “Constitution of the Republic of Crimea” (CRC) organizations. Despite the active participation of approved by the Supreme Council of ARC (naming international organizations in the UN system on itself now as the “State Council of the Republic of indigenous issues, RF as the state does not use the Crimea”, SCRC), on April 11, 2014. The preamble of rules of international instruments for addressing the CRC has referred to "the will of the multinational issues of IPs residing in RF; RF did not join the DRIP. People of the Republic of Crimea”; Art. 2 of CRC stated that “the source of power in the Republic of Crimea is It is necessary to point out that the official attitude of in its People, which is the part of the multinational the RF to the population of ARC and Sevastopol is People of the RF”. However, part 2 of art. 5 of the CRC defined by the doctrine of the existing the “multinational stated that land and other natural resources are the people of RF”, and by approaches that have been wide basis of “life and activities of Peoples living in the spread in the environment in pro-Russian part of the Republic of Crimea”; in part 4 of art. 37 CRC stated Crimean population. This was proved by the provisions that “the Republic of Crimea creates and provides the of so-called “Treaty between the RF and the Republic equal opportunities for conservation and development of Crimea on Acceptance the Republic of Crimea to the of cultures of all peoples living in it”; in point 4 of art. 83 RF and the Formation of New Subjects of RF” on CRC sets on the preservation and development of March 18, 2014. ethnic and cultural diversity of the “Peoples of the RF residing in the Republic of Crimea”, but also states the This act tried to justify the Russian annexation of “protection of national minorities”. CRC adopts the the Crimea by “free and voluntary will of the Peoples of Crimean official languages in part 1 of art. 10 as the the Crimea on All-Crimean referendum held in ARC Russian, Ukrainian and Crimean Tatar ones. and Sevastopol City on March 16, 2014, during which Crimean Karaites and Krymchaks as Indigenous Peoples of Crimea in the Modern Global Journal of Anthropology Research, 2017, Vol. 4, No. 1 15

CONCLUSION Apr 10]: Available from: http://zakon4.rada.gov.ua/ laws/show/712-12 So we may propose some conclusions for [4] Prescript of Council of ministers of Crimean A.S.S.R. «On measures for preservation the cultural heritage of Karaites abovementioned. The problem of IPs in Ukraine is a and Krymchaks» 1992. Vestnik Soveta ministrov Kryma part of the global problem of the status of peoples as 1992; 1. holders of a number of collective rights. The specificity [5] Disposal of Cabinet of Ministers of Ukraine «On approval of measures for acceleration of social-economic development of IPs is caused by practical impossibility to implement of Autonomous Republic of Crimea» 2001 [cited 2017 Apr the sovereignty of such peoples through the formation 10]: Available from: http://zakon0.rada.gov.ua/ laws/show/187-2001-р the national independent state. The issue of IPs’ rights [6] Prescript of Cabinet of Ministers of Ukraine «On approval of was aggravated under conditions of assault by State program of defense and preservation the non-material countries of their residence on property, ethnic identity cultural heritage for 2004-2008» 2004 [cited 2017 Apr 10]: Available from: http://zakon5.rada.gov.ua/laws/show/1732- and political structure of IPs. Political and legal fate of 2004-п IPs of Ukraine, residing in the occupied Crimea is a [7] Law of Ukraine «On grounds of state linguistic policy» 2012 striking example of those processes. [cited 2017 Apr 10]: Available from: http://zakon3.rada.gov.ua/laws/show/5029-17 [8] Prescript of Supreme Council of A.R. of Crimea «On Collective political, economic, social and cultural measures for preservation of historic-cultural heritage of rights of IPs are recognized by the world community Crimean Karaites and Krymchaks for 2012» 2011 [cited 2017 Apr 10]: Available from: http://search.ligazakon.ua/ through the UN DRIP, 2007, which became a huge l_doc2.nsf/link1/KM110439.html document of political and legal power. The legal status [9] Permanent Forum on Indigenous Issues Thirteenth Session and actual situation of IPs of Ukraine – Crimean Tatars, 3rd & 4th Meetings HR/5179 (UN Economic and Social Council) [cited 2017 Apr 10]: Available from: Crimean Karaites and Krymchaks – are connected with http://www.un.org/News/Press/docs/2014/hr5179.doc.htm the tragic history of their historic homeland. Ukraine [10] Law of Ukraine «On ensuring the rights and freedoms of since 1991 recognized the rights of this IPs de facto. citizens and legal regime on temporal occupied territories of Ukraine» 2014 [cited 2017 Apr 10]: Available from: Recognition of his status for CTP and adherence to the http://zakon4.rada.gov.ua/laws/show/1207-18 DRIP, 2007 was done by Ukraine de jure in 2014 after [11] Draft of law of Ukraine «On restoration of rights of persons the occupation of the Crimea by RF. deported on national grounds» 2008 [cited 2017 Apr 10]: Available from: http://gska2.rada.gov.ua/pls/zweb_n/ webproc4_1?id=&pf3511=33290 The occupying authorities of RF in Crimea do not [12] Draft of law of Ukraine «On restoration of rights of recognize the legal status of all three Crimean IPs. Its indigenouse people of Ukraine deported forcibly form protection, restoration and realization are the actual Crimean territory» 2014 [cited 2017 Apr 10]: Available from: http://w1.c1.rada.gov.ua/pls/zweb2/webproc34?id=&pf3511= matter for Ukraine and for the whole international 50220&pf35401=293990 community also. Ukraine must recognize the Crimean [13] Draft of law of Ukraine «On rights of indigenous peoples of Krymchaks and Karaites as the IPs, with the same Ukraine» 2014 [cited 2017 Apr 10]: Available from: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=503 procedure with the Statement on Crimean Tatar People 27 on March 20, 2014. Ukraine must adopt the Law on the [14] Draft of prescript of Verkhovna Rada of Ukraine «On Status of IPs, fixing there the UN DRIP`s prescriptions declaration of Verkhovna Rada of Ukraine for preservation in Ukraine the originality and cultural heritage of Crimean on the principles of subsidiarity. Karaites (Karays) and Krymchaks» 2015 [cited 2017 Apr 10]: Available from: http://w1.c1.rada.gov.ua/pls/zweb2/ Ukraine must use the UN mechanisms and webproc4_2?id=&pf3516=2680&skl=9 [15] Legislative defence of the rights if Indigenous Peoples of international non-governmental IPs` mechanisms for Ukraine HDIM.NGO/0036/16/RU (Foundation for Research the protection of the rights of own IPs in the occupied and Support of the Indigenous Peoples Crimea) [cited 2017 Apr 10]: Available from: http://www.osce.org/ territories of Ukraine. Also Ukraine should protect the ru/odihr/266981?download=true rights of IPs of the RF in conditions of revival the [16] Federal Laws of Russia «On guarantees of rights of Russian imperialism. indigenous non-numerous peoples of RF» 1999; «On territories of traditional usage of nature by indigenous non- numerous peoples of North, Siberia and Far East of RF» REFERENCES 2001 ; «On common principles of organization of communities of indigenous non-numerous peoples of North, [1] Achkinazi IV. Krymchaks: historic ethnographic essay. Siberia and Far East of RF» 2000. [cited 2017 Apr 10]: Simferopol: Dar, 2000. Available from: http://constitution.garant.ru/act/right/180406 ; http://base.garant.ru/12122856 ; http://base.garant.ru/182356 [2] Lebedeva EI. Essays for history of Crimean Karaites-Turks. Simferopol: Dar, 2000. [17] Ananidze FR. Indigenous peoples and right on self- determination. Vestnik RUDN 2001; 2: 66-75. [3] Law of Ukrainian RSR «On restoration of Crimean Autonomous Soviet Socialists Republic» 1991 [cited 2017 [18] Prescript of Government of Russia «On disposing the submission to the Government of Russian Federation «On 16 Global Journal of Anthropology Research, 2017, Vol. 4, No. 1 Babin and Prykhodko

including the Crimean Karaites and Krymchaks to the Federatsiyi). [cited 2017 Apr 10]: Available from: Common List of the non-numerous indigenous peoples of http://regulation.gov.ru/project/17036.html? Russian Federation»» 2014 (Pravitelstvo Rossiyskoi point=view_project&stage=1&stage_id=6158

Received on 12-03-2017 Accepted on 12-06-2017 Published on 06-07-2017 http://dx.doi.org/10.15379/2410-2806.2017.04.01.02

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