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.
This article discusses how the war in Ukraine, started by Russia, impacts the lives of Russian Indigenous small-numbered peoples. First, one can observe Russia’s growing disregard for its international legal obligations. Second, the Russian State is continuously introducing new sanctions against persons and organizations who do not support the Russian regime. Third, the pressure on Indigenous peoples’ representatives is increasing. Fourth, a significant number of members of Indigenous small-numbered peoples actively participate in the war due to, inter alia, socio-economic problems and lack of reliable and objective information about it. Fifth, there is a decline in international cooperation with the Indigenous small-numbered peoples of Russia. Finally, it is visible that the role of Indigenous peoples, including Russian Indigenous peoples, in international decision-making changes.
The preservation of the traditional livelihood of the indigenous peoples of the Russian North is one of the State’s policy priorities in the Russian Federation. This is declared in such documents as, inter alia, the Development Strategy of the Arctic Zone of the Russian Federation and the National Security for the period up to 2020 and the Paper on the Sustainable Development of the Indigenous Small-Numbered Peoples of the North, Siberia and the Far East of Russia for the period up to 2025. Fishing is one of the basic traditional practices for the indigenous peoples of the Russian North. Despite the legal recognition of the right to traditional fishing of indigenous peoples, the practical realization of this right is complicated. While analysing the current situation, the author attempts to shed some light on the reasons of the problematic realization of this right.
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