Human Rights of Indigenous Small-Numbered Peoples in Russia: Recent Developments

Abstract

In Russia, there exist legal norms providing for the protection of indigenous small-numbered peoples’ rights. Yet, indigenous small-numbered peoples face multiple challenges when it comes to the implementation of their rights. After a brief presentation of the Russian legislation on the rights of indigenous small-numbered peoples, peculiarities of the Russian legal system and impediments to the legal provisions regulating the status of indigenous small-numbered peoples, this article addresses several issues related to the implementation of indigenous small-numbered peoples’ rights in Russia today. One of the core issues is the attribution of individual members of indigenous communities to indigenous small-numbered peoples. Such an attribution is still challenging despite the newly adopted amendments to the 30 April 1999 Federal Law N 82-FL: ‘On Guarantees of the Rights of Indigenous Small-Numbered Peoples of the Russian Federation’. Another issue is application of the notion ‘foreign agent’ to individuals and non-commercial organizations. Still another issue is the State’s pressure on independent indigenous organizations. The final challenge is the possible impact of amendments to the Constitution approved by popular vote in July 2020 on the rights of indigenous small-numbered peoples.

Cross-Border Cooperation Against the Odds?

“…Nonetheless, indigenous issues remain potentially controversial in both countries, especially when rights to natural resources are involved. On the Russian side, the institutional representation of indigenous peoples is still quite controversial, and NGO's in this policy area risk having to register as "foreign agents" (Zmyvalova 2020). The fact that the Sami are a cross-border ethnic group adds to the sensitivity of the issue (Berg-Nordlie 2015).…”

Canadian and Russian Fisheries Management in the Arctic: Complexities, Commonalities and Contrasts

“…187 The definition that sets a numerical requirement of peoples numbering fewer than 50,000 individuals would exclude some larger ethnic communities in Russia and could even cause a population, such as Nenets Indigenous small-numbered peoples who are approaching 50,000, to lose their rights and state legal support. 188 Additional barriers to the exercise of Indigenous rights include the need to compete for fishing areas on the same terms as commercial entities and risk losing access to the areas they have used from time immemorial. 189 Laws, regulations and policies that impose unrealistic requirements on Indigenous individuals and communities to fish, as well as inconsistent interpretations of the rules by the authorities, also make the exercise of the right to fish difficult.…”

“…Meanwhile, Russia has not established such clear avenues for implementing Indigenous rights, and the definition of Indigenous small-numbered peoples in Russian legislation, David L. VanderZwaag, Vitalii Vorobev & Olga Koubrak which limits state support to Indigenous peoples maintaining their traditional way of life and numbering less than 50,000 persons, has caused confusion and has left out various northern ethnic groups. 206 A second major difference in Canadian and Russian governance of fisheries in the Arctic is Russia's greater success in formalizing cooperative fisheries agreements with neighboring jurisdictions, especially Norway and Greenland, and in settling its ocean boundary disputes. Canada has yet to resolve its dispute with the United States over the ocean boundary in the Beaufort Sea and to formalize fisheries management arrangements with Greenland for Greenland halibut and northern shrimp.…”

‘Sámi in the Heart’: Kinship, Culture, and Community as Foundations for Indigenous Sámi Identity in Norway

“…A planned registry of Indigenous citizens has been met with concerns, among others because individuals will need to provide documentation of descent, and be connected to specific areas or rural traditional economic activities. Such demands reflect dominant-group ideas about certain types of descent and culture as essential for Indigeneity (deCosta, 2015;Murashko & Rohr 2020;Zmyvalova, 2020).…”