Parallel Information:

Civil and political rights of indigenous minority peoples of the North, Siberia and the Far East of the Russian Federation

CCPR 113 Session (16 March – 02 April 2015)

Reference: 7th periodic reports of the Russian Federation, CCPR/C/RUS/7

Submitted on behalf of the following organisations:

Table of Contents

Executive Summary 3

Right to self-determination and subsistence (Art. 1): 8

Prohibition of servitude (Art. 8) 9

Equality before the law, right to due process (Art. 14) 9

Freedom of religion (Art. 18) Violations of indigenous peoples’ sacred sites and areas 12

Freedom of expression (Art. 19) 13

Freedom of association (Art. 22), Access to technical cooperation (UNDRIP Art. 39) 14

Right to take part in the conduct of public affairs, directly or through freely chosen representatives (Art. 25) 15

Rights of minorities (Art 27), 19

Conclusion 22

Executive Summary

The 41 indigenous minority[1] peoples of the North, Siberia and the Far East of the Russian Federation together number approximately 280,000 persons. Their historical homelands cover about two-thirds of the territory of the Russian Federation. They are highly dependent on subsistence activities such as fishing, hunting and nomadic reindeer herding for their livelihood and therefore massively affected by the operations of extractive industries and other businesses who extract resources from the fragile Arctic environment. They are politically and socially one of the most marginalised and disempowered groups in the Russian Federation.

In recent years, Russian legislation has failed to keep pace with international developments regarding the rights of indigenous peoples. Russia has failed to ratify ILO Convention 169 and endorse the UN Declaration on the Rights of Indigenous Peoples. The last comprehensive policy document to be adopted by the Federal Government was the “Outline for the Sustainable Development of the Indigenous minority Peoples of the North, Siberia and the Far East” of 2009. However, most measures listed in the 2009-2011 action plan for its implementation have not been implemented.

Fourteen years after the enactment of the 2001 law “On Territories of Traditional Nature Use of Indigenous minority Peoples of the North”, not a single TTNU has been confirmed by the Federal Government, leaving the indigenous peoples without guaranteed access to or control over their ancestral territories. Subsequent amendments have substantially weakened the law, while ever more of their territories are being licensed out to extractive industries, rendering them unsuitable for the indigenous peoples’ traditional economic activities.

There is no standard protocol by which indigenous peoples can register and demonstrate their ethnic identity and thus their entitlement to specific rights. However, fishing and hunting rights are legally tied to indigenous identity. As a result, indigenous peoples pursuing their traditional livelihood activities frequently face administrative harassment and judicial persecution. Supervisory authorities often fail to recognise their indigenous identity even though, according to Art. 26 of the Constitution, every person is free to declare their nationality, i.e. their ethnic identity. By doing so, authorities are withholding legally guaranteed fishing, hunting and other rights from indigenous peoples. Furthermore, the Izvatas or Komi-Izhemtsy as a group continue to be denied recognition as indigenous and thus to be denied said rights.

Indigenous peoples’ sacred areas are largely unprotected from desecration by extractive industries operations and other third party activities. There is no federal legal framework protecting their sacred areas and sites. One recent case was the removal of the sacred mountain Karagai-Nash in Kemerovo Oblast, for which the affected community has not been compensated in any way or form.

Legislation by which indigenous organisations accepting foreign funding are required to register as “foreign agents” is severely limiting the ability of indigenous peoples to enjoy their freedom of association and to cooperate internationally. Indigenous peoples’ organisations are closely monitored by the intelligence services and occasionally pressured into voluntarily registering as “foreign agents”.

The abolition of three autonomous okrugs as well as changes to the legislation on local self-administration have severely limited indigenous peoples’ ability to control their own destinies by transferring decision-making powers away from indigenous communities to larger administrative units in which indigenous peoples are marginalised. Changes to land-related legislation have also undermined participation mechanisms and rights.

Russian legislation fails to give effect to the right of Free, Prior and Informed Consent (FPIC) set out in the UNDRIP or to consider the duties and responsibilities set out in the UN Guiding Principles on Business and Human Rights. Resource extraction on indigenous peoples’ ancestral lands is not subject to human rights impact assessments. Public hearings on impending projects are, if they are held, rarely conducted in good faith. Mining operations, oil exploration, pipeline construction and oil drilling are often carried out without the consent of the affected communities and without informing them. Communities report that they have no access to effective remedies, judicial or non-judicial.

Hunting and fishing are essential livelihood activities for the indigenous peoples of the North and integral parts of their cultures, protected under Article 27. However, Russian legislation regarding land, forest, waters, hunting and fishing fails to provide adequate safeguards. Procedures for obtaining hunting and fishing permits are highly bureaucratic and inaccessible. On one occasion in 2012, the Federal Ministry of Agriculture issued a decree completely barring indigenous individuals from applying for salmon fishing quotas, thus entirely depriving many of them of their livelihood. Many indigenous communities (obshchinas) have also lost their fishing grounds since 2008, signed over to commercial enterprises.

In 2013, Russia adopted a new Arctic development strategy, and in 2014 federal laws regarding accelerated development in the Arctic, Siberia and the Far East were drafted. These measures fully focus on increased resource extraction and fast-tracking large-scale investment and thereby fail to reflect the indigenous peoples’ rights as set out in the UNDRIP. A new coal mining strategy until 2020, focusing on the Far East, fails to mention indigenous peoples' rights altogether.

This submission provides further details on these and some other issues, together with suggested specific recommendations and questions. These are the key issues we kindly recommend the Committee consider:

·  The need for the State party to endorse and implement the provisions of the UNDRIP

·  The need to put the 2001 law “On Territories of Traditional Nature Use” into practice and ensure indigenous peoples’ access to and control of their territories

·  The need to ensure that indigenous peoples are able to declare their identity

·  The need to give effect to the right of Free, Prior and Informed Consent, especially with regards to operations of extractive industries in or near indigenous peoples’ ancestral territories

·  The need to ensure effective protection of indigenous peoples’ sacred areas and heritage

·  The need to ensure access to effective remedies for indigenous peoples affected by extractive industries and other business enterprises

·  The need to ensure that enterprises operating in or near indigenous peoples’ territories respect indigenous peoples’ human rights as set out in the UN Guiding Principles on Business and Human Rights

·  The need to ensure that indigenous peoples are able to pursue their traditional economic activities such as fishing and hunting without fear of harassment, persecution or criminalisation

  • The need to ensure that indigenous peoples’ organisations are able to operate and engage in international cooperation without the risk of being stigmatised as “foreign agents”

1.  This submission addresses the situation of the civil and political rights of 41 indigenous minority peoples of the North, Siberia and the Far East of the Russian Federation. These peoples together number approximately 280,000 persons and their historical homelands cover about two-thirds of the territory of the Russian Federation. They are highly dependent on subsistence activities such as fishing, hunting and nomadic reindeer herding for their livelihood and therefore massively affected by the operations of extractive industries and other businesses who extract resources from the fragile Arctic environment. They are politically and socially one of the most marginalised and disempowered groups in the Russian Federation.

Significance of UNDRIP, State party's failure at implementing it

2.  This is the second ICCPR review of the Russian Federation to be carried out since the adoption of the UN Declaration on the Rights of Indigenous Peoples (“UNDRIP”) by the United Nations (UN) General Assembly on 13 September 2007. The Russian Federation abstained during the vote and has since made no moves to endorse or implement the Declaration.[2] During the 2nd UPR Cycle, it explicitly rejected a recommendation to endorse and implement the UNDRIP.[3] Nonetheless, the UNDRIP, as the internationally accepted universal framework of minimum standards for the survival, dignity, well-being and rights of the world's indigenous peoples, provides a framework for the Committee’s review of the Russian Federation’s compliance with the Covenant in relation to the specific questions raised by the Committee regarding indigenous peoples.

3.  In its response to recommendations received under its 2nd UPR review, the State party declared that “The Government’s policy on small indigenous peoples is aimed at ensuring those peoples’ sustainable development and is based on provisions of national legislation that are, to a large degree, identical to the provisions of the United Nations Declaration on the Rights of Indigenous Peoples. Russian legislation and law enforcement practice in respect of the rights of indigenous peoples and the preservation and development of their cultures goes substantially further than the provisions of the Declaration, extending its boundaries.”[4] If Russian legislation were indeed more advanced than the provisions of the UNDRIP, there should be no obstacle preventing the State party from endorsing it and implementing its provisions. However, as will be demonstrated in this submission, Russian legislation and administrative practice fail to implement key provisions in the UNDRIP, including indigenous peoples’ rights to land and resources, the right to give or withhold Free, Prior and Informed Consent, the right to participate in decision-making, the right to access international technical or financial assistance, the right to redress for damages incurred and others. Legislative measures in recent years have tended to weaken rather than to strengthen such rights. An endorsement of the UNDRIP and ratification of ILO Convention 169 would therefore be key steps to enabling an urgently needed rights-based policy approach to indigenous affairs.

Question: What obstacles are preventing the Russian Federation from endorsing the UN Declaration on the Rights of Indigenous Peoples and implementing its provisions?

Recommendation: The Russian Federation should officially endorse the UNDRIP and implement the rights and principles set out therein as well as move to ratify ILO Convention 169 as the only binding global treaty designed to protect the rights of indigenous peoples

Overall lack of progress with regard to the implementation of indigenous peoples’ rights, failure to implement policies

4.  The legal framework protecting the basic rights of indigenous minority peoples of the North, Siberia and the Far East of the Russian Federation comprises Arts. 69 and 72.1(M) of the Constitution and three federal framework laws: the Federal Laws

  • "On guarantees of the rights of indigenous minority peoples of the Russian Federation" of 30 April 1999,[5]

·  "On Territories of Traditional Nature Use of indigenous minority peoples of the North, Siberia and Far East of the Russian Federation"[6] of 7 May 2001 and

  • On General principles of the organisation of communities [obshchinas] of indigenous minority peoples of the North, Siberia and Far East of the Russian Federation"[7] of 20 July 2000.

5.  These laws were enacted to provide a general framework for protecting rights of the indigenous peoples of Russia to self-determination, the development of self-government, their economic, social and cultural development, for protecting their ancestral land and their traditional way of life. As framework laws, they are largely declarative and lack specific mechanisms for their implementation. Such mechanisms were supposed to be later provided by additional by-laws. However, for the most part, these by-laws have never been enacted and many of the rights set out in these laws have remained theoretical.[8]

6.  The essential rights of indigenous peoples protected either under national or international law include, among others:

·  The right to self-determination and to indicate one’s national (ethnic) identity (Constitution of the Russian Federation, Art. 26)[9]

·  The right to participate in decision-making on issues concerning the protection of indigenous peoples’ ancestral lands and traditional ways of life (“On Guarantees...”, Art. 8, UNDRIP, Art 18)

·  The right to establish bodies of territorial civic self-administration (“On Guarantees”, Art. 11)

·  The right to use land free of charge in places of their traditional residence and economic activities for the perpetuation of traditional subsistence activities (“On Guarantees...”, Art. 8)

·  The right to Territories of Traditional Nature Use (TTNU), which are to be established by the state authorities and local bodies of self-administration, in accordance with applications from citizens (“On Territories...”)

·  The right to community (obshchina) self-administration (“On General Principles...”, Art. 1)

·  The right of access to international technical cooperation and assistance (UNDRIP, Art. 39)

7.  In its 2009 Concluding Observations,[10] the HRC acknowledged Decree No. 132 of 4 February 2009 by which the Federal Government adopted a comprehensive policy document entitled “Outline for the sustainable development of indigenous minority peoples of the North, Siberia and the Far East of the Russian Federation”.[11] On 28 August 2008, Russia adopted an action plan for the implementation of this policy outline over the 2009-2011 period.[12] The action plan contained a number of key measures for ensuring that indigenous peoples’ basic rights are protected. However, of these measures, most have never been completed. Crucially, items 2, 3, 5, 6 and 7[13] of the action plan stipulated legislative changes, guaranteeing that indigenous peoples would have free-of–charge and priority access to their traditional resources and territories. However, these items have not been implemented, despite recommendations by the UN Committee on the Elimination of Racial Discrimination in 2008 to take measures accordingly.[14] Item 8 of the Action Plan, which stipulated the creation of a first model Territory of Traditional Nature Use (TTNU), a key measure to enable the implementation of the 2001 Federal law “On Territories of Traditional Nature Use”, was also not implemented. The follow-up action plan for 2012-2015 no longer mentions these measures.