Damage Compensation for Indigenous Peoples in the Conditions of Industrial Development of Territories on the Example of the Arctic Zone of the Sakha Republic

Abstract

In the Sakha (Yakutia) Republic, hereinafter SR, the Arctic zones are the original habitat of indigenous peoples, who can conduct economic activities only in undisturbed or lightly disturbed lands. From this point of view, the problem of compensation for losses of indigenous peoples as a result of industrial development of territories is of particular relevance. At the same time, it is necessary to identify the main problems of indemnification of losses of the indigenous small-numbered peoples of the North (ISNPN) during the industrial development of the traditional natural resource management territories (TNRMT). The study was conducted using historical, geographical, analytical, synthetic, and statistical methods. In the Arctic zone, the diamond mining, gold mining, and coal mining industrial facilities are located inside TNRM areas. In the near future, it is planned to revive the tin industry, develop oil and gas fields on the continental Arctic shelf, and develop the Tomtor Complex Rare-Earth Deposit. In 2010, a law of the SR was passed: “On Ethnological Expertise in the Places of Traditional Residence and Traditional Economic Activities of the Peoples of the SR”. To date, in the ethnological examination of SR, we have investigated 13 investment business projects. In the course of the investigation, it turned out that most of the comments from both experts and tribal communities concern the section of compensation for damages. The official methodology developed on materials from the polar regions of the western part of Russia cannot be extrapolated to the entire territory of the North, Siberia, and the Far East. It is necessary to develop regional methods for calculating losses of indigenous peoples, which regulate the interaction of subsoil users with the authorities and representatives of the clan communities engaged in traditional crafts.

Mining Industry of the Republic of Sakha (Yakutia) and Problems of Environmental and Social Security of Indigenous Peoples

“…The development of the Ese-Khaisky tin deposit in the Verkhoyansky region began in 1941, and in 1951, the Depututsky mine was opened in the Ust-Yansky area. In the 1960s, the development of diamond deposits began with the Aikhal quarry (1961) in the Mirny region, and with gold mining in the lower reaches of the river (Yany: Kular mine (1963) in the Ust-Yansky region [8]). Diamond mining in the Anabarsky, Oleneksky, and Bulunsky regions is carried out by ALROSA OJSC (Verkhnemunsky primary deposit since the end of 2017) and its subsidiary, Almazy Anabara JSC, at placer deposits.…”

“…During the construction of the Vilyuy hydroelectric station, an area of 196.14 thousand hectares was flooded, including settlements of indigenous small-numbered peoples: Tuoi-Khaya, Synsyktaakh, Chokhchuolu, and Ust-Chona. There was coverage of the tragedy of migrants who had forever left their ancestral lands in the book Goodbye Forever, Tuoi-Khaya (published in 2006) based on archival materials, official documents, and media publications [8]. In addition, large areas of forests (131.5 thousand hectares)-30 mln3 standing forests-were flooded, which led to an increase in the content of phenols along the entire length of the Vilyuy Rivera and agricultural land.…”

“…Large-scale industrial development of the territory of the republic affects the vital interests of the population living in the places of industrial development, primarily the indigenous peoples of the North, whose livelihoods are fully associated with the use of renewable natural resources (reindeer pastures, hunting, fish, plant). Many works are devoted to the study of the problems of traditional nature management in the Arctic regions, among which we can note the works of the following authors [8][9][10]25,26].…”

“…The Republic of Sakha (Yakutia), as one of the leading regions from the point of view of legal support concerning the rights of the indigenous small-numbered peoples of the North (ISPN), is also of particular interest to Arctic researchers. Many works are devoted to the study of the problems of traditional nature management in the Arctic regions, in particular in the Republic of Sakha (Yakutia) [8][9][10][11][12][13][14]. They above studies note that the experience of Yakutia in terms of the interaction between indigenous peoples and industrial enterprises, the effect of the law on ethnological expertise, republican programs to support traditional sectors of the economy, nomadic families, and nomadic tribal communities all show a positive example for other regions with indigenous peoples not only in Russia, but also other Arctic countries.…”

Land Resources Evaluation for Damage Compensation to Indigenous Peoples in the Arctic (Case-Study of Anabar Region in Yakutia)

“…The approved methodology causes a lot of complaints. The main ones are the complex calculation algorithm; inconsistency of the calculation methodology with the availability of the necessary source materials for surveys of traditional environmental management areas [13].…”