ruslan garipov. au wcl april, 2015
TRANSCRIPT
Indigenous Peoples’ Rights in Contemporary Russia.
Ruslan GaripovVisiting Scholar & Adjunct Professorial Lecturer
AU WCL & AU SISApril 16, 2015
68,000 km2
(26,254.9 sq mi)3,822,038 inhabitants
Russia
Kazan
Republic of Tatarstan
KAZAN (VOLGA REGION) FEDERAL UNIVERSITY
Found in 1804by Emperor Alexander I
• Leo Tolstoy;• Nikolay Lobachevski;• Vladimir Lenin.
• Now – 50 000 students
• First visit to the US as a Fulbright Scholar in 2007;
• Second Visit in 2011 as AU WCL Visiting Scholar;
• Third time, since 2014.
Former American Indian Museum Director Navajo Nation Reservation, 2007Richard West, 2007
Director of Indian Law Resource Center Armstrong Wiggins, 2011
American Indian Museum Director
Kevin Gover, 2014
Kimberly Tehee, Senior Adviser to the US President, White House, 2011
Indigenous Peoples’ Rights Protection in Russia and the US (Ruslan Garipov ed., Tatar State University of Humanities and Education, 2010)
Indigenous Peoples’ Protection in International Law (Ruslan Garipov ed., Kazan Federal University, 2012)
Interest to American Indians.The Russian colonization of the Americas covers the period from 1732 to1867
Russians-Natives contacts in Alaska andFort Ross (California)
“Terra Nullius” or Principle of “Discovery”
In 1872 Duke Alexey Alexandrovich Romanov visited America
General G. Custer and Buffalo Bill
In the Buffalo Bill’s show “Wild West” alongside with the American Indian’s part of show Russian Cossacks part was very popular.
Louis Armand, Baron de Lahontan (1666 –1716) The book “Dialogs”
Adario
The ideas of free life among “noble savages” were brought from America to Europe in XVII – XVIII Centuries and became an inspiration for the famous philosophers, such as Jean-Jacques Rousseau (1712 – 1778), and revolutionary leaders around the world.Russia wasn’t an exception.
Thomas Jefferson (1743-1826)
"I am convinced that those societies (as the Indians) which live without government enjoy in their general mass an infinitely greater degree of happiness than those who live under the European governments"
Nicolai Ivanovich Fechin (1881-1955)He was born in Kazan and immigrated later to the USA.
Nicholas Roerich (1874-1947)
Author of the Roerich Pact, 1935 Protection of Artistic and Scientific Institutions and Historic Monuments
Gojko Mitic
German writers: Karl May, Liselotte Welskopf-Henrich
American writers: James Willard Schultz, James Fenimore Cooper, Thomas Mayne Reid, Henry Longfellow“Red Westerns” produced by DEFA Studios (GDR) as a part of anti-American propaganda.
Toys from GDR
Propaganda results
Population of the Russian Population of the Russian FederationFederation
Population in millions, 2015
501
1394
127 143
322
EU China Japan Russia United States
Almost 200 different ethnic groups.
More than 80% of population are Russians.
Others are: Tatars, Ukrainians, Chechens, Bashkirs, Chuvash, Yakuts, Nenets, Chukchies and so on.
• Titular Nation (Russians);
• Titular Nations (in Republics);
• Indigenous Minority Peoples
(Indigenous Small-Numbered Peoples)
400 (0,3%) 48 – 60% of territories;
• National Minorities.
Conquest of the Kazan Khanate Ivan Terrible (Tsar of Russia)
In 1552 Kazan was taken by storm of Russian armies under command of Ivan Grozny (Terrible) and annexed to Russian state
North, Siberia and Far East (except 4 ethnic groups) – very strong weather conditions.Traditional way of life – hunting, fishing, gathering and reindeer-breeding. Nomads.
Only 8% of the Russian population live in areas of “Indigenous Minority Peoples”. However, in these areas are concentrated a majority of Russian natural resources (97% of gas, 80% of oil, 100% of diamonds).
RUSSIAN INDIGENOUS MINORITY PEOPLES
•To live in their historical territory;•To preserve traditional way of life, occupations, and trades;•To self-recognize themselves as a separate ethnicity•There should be at most 50,000 of population within Russia.---------------------------------------------------Federal law about Guaranties of Indigenous Minorities Rights in Russian Federation 1999.
Russian Constitution (1993), article 69:“The Russian Federation shall guarantee the rights of the indigenous
minority peoples according to the universally recognized principles and norms of international law and international treaties and agreements of
the Russian Federation.”
International Regulation• ILO Indigenous and Tribal Populations Convention № 107 (1957) and № 169 (1989);
• The UN Second Decade 2005-2014;
• UN PFII;
• Expert Mechanism, UNHRC;
• Arctic Council.
Domestic Legal Regulation in Russia
• RFL “About Guarantees of the Rights of Indigenous Minority Peoples of the Russian Federation”, 1999.• RFL “About General Principles of Communities’ Organization of Indigenous Minorities of the North, Siberia and the Far East of the Russian Federation”, 2000.• RFL “About Territories of Traditional Nature Use of the Indigenous Minorities of the North, Siberia and the Far East of the Russian Federation”, 2001.
Field Trip
Yamalo-Nenets Autonomous Okrug
Nenets National Village “Harampur”, April 2012
Nenets in the city Tarko-Sale, April 2012
Mining Companies and Indigenous Peoples
Environmental pollution
Cultural damage
The Regional Administration building in Tarko-Sale, April 2012
Regional Nenets NGO building “Yamal for Future Generations”, April 2012
Just a fact: in 2012 the federal budget gave 240 million rubles to the needs of indigenous minority peoples,
and spent 275 million rubles on the pyrotechnic show at the APEC Summit in Vladivostok.
And only in March 13, 2013 the Ministry of Justice issued the document
about reactivation of the RAIPON.
In November 2012 the Russian Association of Indigenous Peoples of
the North, Siberia and the Far East was suspended by Russia’s Ministry of
Justice.
RAIPON – Grigory Ledkov (from March, 2013) Sergey Kharyuchi (before March, 2013)
Conflict with Ministry of Regional Development
UN PFIIArctic Council Pavel Sulyandziga
opposition leader
Sami People
There are approximately from 60 до 80 thousands of people:
• In Norway: 40 000 (ILO 169)• In Sweden: 20 000• In Finland: 10 000• In Russia: 2 000
Sami Parliaments
February 6 – Sami Day
Norway Sweden Finland Russia1. Sami
Population
40 000 20 000 10 000 2 000
2. Legal Status
Indigenous People
National Minority
Indigenous People
Indigenous Minority People
3. Reference in Constitution
Yes (110a) No Yes (17, 121) Yes (69)
4. ILO 169 Ratification
Yes (1990) No No No
5. Cross-Border Cooperation
Yes Yes Yes Limited
6. Reindeer Herding Exclusive Right
Yes Yes No No
7. Sami Parliament
Yes Yes (more dependable from the state)
Yes No
Thank you for your attention!Ruslan Garipov
www.ruslangaripov.com
In boarding-school with Nenets children, Yamal-Nenets Autonomous Okrug, April 2012.
CONCLUSIONS:
• Territories and Resources • Specific Definition• Weak domestic law• International law abstention• Corruption • Pressure on NGO activists
• Borders for indigenous minority peoples’ territories;• Ecological and Ethnological expert examination before extraction;• Principle “Duty to Consult”;• ILO Convention № 169, the UN Declaration of 2007, Nordic Sami Convention.