The Rights of Indigenous Peoples in Marine Areas in Russia

Zmyvalova, Ekaterina Andreyevna; Garipov, Ruslan

doi:10.5040/9781509928675.ch-012

Cited by 3 publications

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“…Coordinating the traditional economic activities of Indigenous peoples (fishing, hunting, picking berries and mushrooms) in reserves, where such activities are otherwise prohibited, is an outstanding problem. 118 Negotiations are underway to strike a balance between the traditional activities of Indigenous peoples and conservation, taking into account zoning and fragmentation. One option is to transform a nature reserve into a national park with a zone of traditional nature management.…”

Section: Key Outstanding Issuesmentioning

confidence: 99%

Marine Protected Areas and Other Effective Area-based Conservation Measures

2022

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As the Earth’s changing climate has deepened into a climate crisis, the Arctic region has emerged as one of the clearest indicators of the scale and pace of that change. As the ice melts, opportunities are expanding to exploit the Arctic’s oil and gas reserves, precious metals, fish stocks and maritime routes. Increased access and development will inevitably generate “system-wide environmental impacts” and will pose novel management challenges for the Arctic states. In the quest to find an effective balance between competing ocean activities and actors, marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) have emerged as indispensable tools to achieve ocean health, including in the Arctic. After first introducing these concepts, this article will discuss the Canadian and Russian domestic regimes for the establishment of MPAs and OECMs. The conclusion will then offer some insights into the key challenges confronting both states in the creation of effective networks of MPAs and OECMs in their Arctic regions.

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Section: Key Outstanding Issuesmentioning

confidence: 99%

Marine Protected Areas and Other Effective Area-based Conservation Measures

2022

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“…18 While there are specific characteristics and differences among the various Indigenous peoples of the Arctic region, most of them share certain common features, including a culture characterized by dependence on subsistence harvesting in both terrestrial and marine environments, sharing of food, travel on snow and ice, a common base of traditional knowledge, and adaptation to similar climatic conditions. 19 The unique cultures, economy, and identity of the Arctic Indigenous peoples depend upon the continuity of the land and sea; and in this respect, sea ice is crucial and serves as a bridge to such environments. 20 Marine species traditionally hunted by Indigenous peoples, including polar bears, ice-living seals, walruses, and some marine birds, are dependent on sea ice and breed on the ice.…”

Section: Model's Characteristicsmentioning

confidence: 99%

Beyond Borders and States: Modelling Ocean Connectivity According to Indigenous Cosmovisions

2021

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The article describes some common features of Indigenous sea cosmovisions (through examples from Oceania and the Arctic region), from which an understanding of ocean governance rooted in the interconnectedness of all life and the importance of protecting water and people emerges. Hence, the model of ocean (or water) connectivity is characterized by the understanding of ocean-human relationships as a continuum of connections between human and non-human elements. In line with the normative recognition of the sacredness of water, the interconnectedness of all life, and the importance of protecting the sea, Indigenous peoples’ law provides insights and implementation solutions for the restoration of marine ecosystems. This study aims to identify blind spots of the current law-of-the-sea regime, where marine ecological connectivity is not fully recognized as a foundational pillar of effective ocean protection. It also suggests approaches towards knowledge integration mechanisms that could minimize critical issues in ocean governance by enabling the enshrinement of Indigenous nature-oriented approaches within the law of the sea regulatory framework (especially focusing on the high seas’ regime). The work is structured into three main parts: a comprehensive overview of connectivity conceptualizations drawn from Indigenous cosmovisions; reflections on the model’s capability to address law-of-the-sea’s systemic challenges; and concluding reflections on possible future trajectories in law-of-the-sea that could encompass elements of the analyzed model.

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“…It is no longer possible to claim whether these subunits correspond with the number of indigenous small-numbered peoples currently inhabiting these areas. 18 Another peculiarity of the Russian legal system is the use of the term 'indigenous small-numbered peoples.' There are 47 indigenous peoples in the RF.…”

Section: The Russian Legislationmentioning

confidence: 99%

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

Zmyvalova

2020

Arctic Review

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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.

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The Rights of Indigenous Peoples in Marine Areas in Russia

Cited by 3 publications

References 0 publications

Marine Protected Areas and Other Effective Area-based Conservation Measures

Marine Protected Areas and Other Effective Area-based Conservation Measures

Beyond Borders and States: Modelling Ocean Connectivity According to Indigenous Cosmovisions

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

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