Projects : Past

INDIGENOUS PEOPLES OF RUSSIA

contribution to the IWGIA Yearbook 2003 by Thomas Køhler

The numerically small indigenous peoples of Russia were also in 2002 faced with serious problems. The fight for land rights of the 40 peoples, numbering only about 200.000 individuals, continues to be extremely difficult, as federal legislation on territories of traditional land use is ignored by the authorities in the regions where bureaucracy and endless discussions on how to apply for fishing and hunting quota prevent the indigenous peoples from leading their traditional way of life. The oil industry, the timber industry and the fishing industry represent a threat to the environment and indigenous peoples locally. Moreover, reports from the regions indicate that the indigenous peoples are physically dying out in certain regions — and alcoholism, smoking, drug abuse, unemployment, suicide, tuberculosis, HIV, racial discrimination and harassments are now constituting a threat to the future existence of the peoples of the north, Siberia and the far east. It is, however, not easy to get a complete picture of the situation as Russian statistics are based on different methods from region to region. The authorities unprofessionally carried out a long awaited census of the total population of Russia in autumn and the final results were only partially published. However, the situation is undoubtedly very different from region to region.

Federal legal developments

The Administration of the Russian President established a Presidential Commission for the development of legal drafts, defining the sharing of responsibilities and power between the federal government, regional administration in the Russian provinces, and local authorities. This Commission's task is to study the existing legislation of the Russian Federation and to develop relevant amendments and additions.

The Russian laws on the rights of indigenous peoples were on the list of laws subject to changes. To start with the law On the guarantees of the rights of indigenous peoples of the Russian Federation became victim of the decision by the Commission to withdraw all rights of the indigenous peoples that the Commission deemed to be declarative, including the rights to have a role in the control of the use of natural resources on indigenous territories, and rights to preferential and free access to traditional natural resources. Related laws on the use and protection of natural resources also secure these indigenous rights. Hence, such laws are also subject to revision.

In November and December 2002, the Commission sent its proposals to the Government of the Russian Federation. The Government will submit all proposals to the Duma. Following the timetable suggested by the Government, this will take place in the last quarter of 2003.

The Russian Association of Indigenous Peoples of the North (RAIPON) took part in the process of legal revision since February 2002. Thanks to its firm position, the decisions of the Commission were reversed and the basic indigenous rights were retained.

In November, RAIPON wrote a letter to M. M. Kasyanov asking him to include representatives of RAIPON in the working groups that develop amendments and new laws.

Demands of the indigenous peoples were formulated by Mr Sergey Haruchi, RAIPON's President, at the first session of the Governmental Council on problems of the Northern and the Arctic regions, that took place in Salekhard, in end of December 2002. Mr M.M. Kasyanov, the Russian Prime-Minister was present. He promised to undertake a comprehensive study of these demands.

At the same time, regional indigenous organizations use their other rights to participate in environmental monitoring. For example, due to the strong stand of the indigenous organizations Yamal to Descendants (Yamal-Nenets Autonomous Okrug) and RAIPON, Gazprom agreed to do an ethnological assessment of the prospecting works for gas and oil in the basins of the Obskaya and Tazovskaya bays.

The right to free use of natural resources was deleted from the law On territories of traditional natural resource use of indigenous peoples of the North, Siberia and the Far East, because the new Land Code of the Russian Federation envisages only the right to own and to rent land.As a result of this legal revision, federal and regional authorities began to decline demands by indigenous communities to establish territories of traditional land use and other demands to exercise their rights, on the grounds that corresponding legal norms were not yet developed, that is, the document that would stipulate how to establish territories of traditional land use, and that the laws on territories of traditional land use were to be revised. These refusals were illegal. A law is in force as long as it is not abolished. And governmental authorities must follow these laws.

Regional issues

The Nenets

In the Nenetsky Autonomous Okrug,a province bordering on the Barents Sea in the European part of the Russia North, about 6,500 Nenets live as a minority out of 50,000 inhabitants. The Nenets are represented by one member (out of eight) in the local parliament the Duma in the Nenetsky Automous Okrug. The Nenets' indigenous organization Yasavey has the right to bring forward legislative initiatives.

The oil industry is expanding in this Okrug, drilling towers and pipelines characterize the landscape in big parts of the area, and violations of the environmental legislation by the industry leads only to symbolic fines. Yasavey is working on a legislative initiative that would raise the size of the fines to a level that would make it profitable for the industry to respect environmental regulations. The movement has been able to monitor the developments to a certain extent and report about the situation both to the authorities and the industry directly. The industry, which consists of several different companies of different sizes, is interested in a good relationship with the indigenous movement, as the public in general is skeptical towards the costs of oil exploitation. A dialogue between the indigenous movement on the one side, the oil industry and the local government on the other has been formally established in 2001 and throughout 2002. Yasavey gained more authority, establishing an independent office through project co-operation with Russian and foreign partners, a step that made it possible for the movement to strengthen its position, both in relationship with the industry and the authorities and in the public eye.

The problems of the indigenous peoples in the region are manifold. Many of the smaller communities of the area are being closed or were abandoned as a result of the break down of plan economy. A few indigenous representatives have since started working in family communities, going back to traditional subsistence methods as fishermen, hunters and reindeer herders. Others have successfully established workshops and other businesses related to their traditional way of life. Many more people, however, are not able to deal with the new conditions and end up in the capital of Naryan-Mar as social losers.

The indigenous peoples have poor possibilities for cultural development, although, the Nenets as one of the big peoples (totaling about 30.000 in Russia as a whole) should have a chance to preserve language and culture. Attempts to make Nenets TV and radio have so far not succeeded, but some theater and other performance activities do take place, even though on a very limited scale.

Still, the relatively stable social situation in the area - also characterizing the neighboring province Yamal-Nenetsky Autonomous Okrug — does mean that the total number of Nenets people does not fall; a small growth seems to be under way.

The peoples of Evenkia

Reports from the Evenk Autonomous Okrug in central Siberia give alarming figures reflecting a disastrous situation for the small peoples of the area. The indigenous population has fallen from 5180 individuals in 1995 to 3312 in 2002 according to the Administration Apparatus of the Russian President (the total population being 18,029). The majority of the indigenous people are reported to live under the official poverty limit and 60% are not involved in any kind of employment. Only 10% consider their own health situation as good.

A general problem is the consequences of the diminishing of reindeer herds. In 1992 there were 20, 000 reindeer in use, whereas the number this year was about 2000. In 1992 the area had a production of about 3000 silver foxes, this year 117. The bad economic situation of the area also means that public institutions, transport etc do not function as before. Even though the main community of the indigenous peoples Ket, Sulomaj, which was washed away by floods in 2001, was partly reconstructed, the Ket, now number as few as 141 in all of the province. A rough estimate would say that less than ten persons know the Ket language.

As in the rest of Russia the average living age of the numerically small peoples is about 45-48 years for women and 41-42 for men, which is about 20 years less than for the Russian population in general. Tuberculosis is one of the main killers along with other infections and alcohol related deaths.

The indigenous peoples of Evenkia face great challenges in the competition with the oil and gas industry, dominated by one company, Yukos. Hunting and fishing quotas, distributed by the authorities, are insufficient for traditional use. The indigenous movement of the area is weak although a minor improvement could be noted last year as the regional indigenous organization has been more involved by the administration and even by the company of Yukos and some funding has been provided for the activities of the movement by them. Still, the risk of dependency of the funding provided by the administration and the oil company is to be taken seriously in the coming years. The indigenous peoples have no formal representation in the political system of the province.

Kamchatka

In the Far East of Russia, on the peninsula of Kamchatka, the situation is particularly grave in the northern part, in the Koryak Autonomous Okrug. Although the province has an indigenous population of about 30%, the indigenous peoples have a dramatically high unemployment rate, tuberculosis is wide spread and the first case of HIV was registered in 2002. On a conference held by the indigenous movement in autumn it was decided, ato open a discussion at citizensa^ assemblies regarding the question of prohibiting the import and consumption of alcoholic beverages on the territories of traditional habitation of the indigenous numerically small peoples

Public awareness actions regarding the problem of pollution in the settlements as a consequence of the lack of appropriate waste dumps have also been high on the agenda as an example of something the average person could be involved in to improve the health situations. In contrast, it still seems difficult for the indigenous peoples to prevent Kamchatka from being exploited by the mining and fishing industry, and by poachers. The indigenous peoples are only formally involved in decision-making with a few representatives in advisory bodies where nothing is being done to efficiently address the problems of the peoples. A cause for slight optimism is the growing ability of the indigenous movement to use the press and work through international projects, although the involvement of indigenous peoples in big development projects on Kamchatka carried out by UNDP, IUCN, GEF and others have not been successful so far.

The rejection of a claim by the Council for Revival of the Itelmen in Kamchatka resulted in a court claim. The case of the territory of traditional land use surrounding the Itelmen community of Kovran — a model area that was formally established by the former governor of the Koryak Autonomous Okrug and then abolished by the next governor — went all through the court system of Russia in 2002. On the 3^rd of December 2002 the Moscow Presnensk Court refused to take up the case under the federal legislation. This case was meant to be a model case for other regions of Russia where it has only been possible to get territories defined at local level, not legally recognized and registered for free use of the inhabiting people.

Looming crisis

The indigenous movement of Russia is perhaps moving towards a bigger crisis than many of its supporters realize. The opposition to acknowledging specific rights for the numerically small peoples is still strong, and the will to do something in order to deal with the problems of the indigenous peoples is still weak. Federal programs on numerically small indigenous peoples are not financed and implemented; legislation is being ignored by civil servants, the industry and the majority population. Part of the problems is to be explained by the general crisis in Russia, old routines and ways of thinking. Although some stability has occurred in Russia the last couple of years, the situation for indigenous peoples does not seem to have improved yet, and no matter how optimistic the progress of the work of the Russian Association of the Indigenous Peoples of the North can make one feel, there is still a long way to go, and for some of the peoples of the north — it is already too late.

Thomas Køhler, 2004