The constitutional court of Yakutia has decided to make the Basic law of the Republic of clarification about the definition of the indigenous people. From now on, those should be considered members of the Yakut ethnic group. And all the country is home to 120 nationalities.
According to the decision of the constitutional court of Yakutia from October, 21st of this year, is now secured “the recognition of the territory of Sakha (Yakutia) native land and historical homeland of the Yakut people, the source of his economic prosperity, the unique cultural and linguistic identity and the constitutional status of the Republic of Sakha (Yakutia) — form of its socio-political and state-legal organization, as historically peculiar national community within the Russian state.”
The decision also refers to “the totality of the natural collective rights of the indigenous people of Yakutia, whose name is called the Republic of Sakha (Yakutia)”, the newspaper reports EurAsia Daily.
The authors noted: “the constitutional court of Yakutia, formally confirms that only indigenous people the historic multinational Yakutia the Yakuts are the only. Others residing in the Republic of the peoples — Russian, Yukaghirs, Chukchi, Evenki, etc. — formally cease to be indigenous to the largest national republics of Russia”.
Critics of the decision believe that we are talking about the threat of the formation of an ethnocratic regime.
It all started with the fact that in July this year the Deputy of the state Assembly (Il Tumen) of Yakutia Mikhail Gabyshev Republican appealed to the constitutional court with a request for clarification of certain provisions of the Basic law.
The Constitution of the Republic part 1 of article 42 “shall guarantee the preservation and revival of indigenous peoples of Sakha(Yakutia), as well as Russian and other old-timers” in accordance with part 2 of this article, “respecting tradition, culture, customs of indigenous peoples of Sakha(Yakutia) and the indigenous peoples of the North, protect their inalienable rights.”
The MP considered that these rules are interpreted is ambiguous, as the criteria for determining indigenous people are not found further legislative development. According to TM, in view of lack of certainty in this issue guarantees in respect of them are not implemented in full.
The Chairman of the constitutional court of Yakutia Yury Batsy said that in the Russian legislation never fixed the concept of “indigenous people”.
“It belongs to the terminology of international law, in particular Convention No. 169 “concerning indigenous and tribal peoples in independent countries”, adopted in 1989. However, rights and freedoms for all peoples living in the Russian Federation, it is the same”, — quotes the edition Batseva “YSIA”.
The decision comes down to clarifying the historical status of the Yakuts, as indigenous people living in the area. In fact, we are not talking about recognition of any special rights and privileges, said the Batsy.
“I am Russian, but was born in the capital of the Republic. May not be representative of the indigenous people, but it doesn’t change anything: my Motherland — Yakutia. We all live in equal terms — I grew up here and do here and not going to leave,” he said.
Member of the Council under the RF President on interethnic relations Vladimir Zorin confirmed that “in the Russian Federation, from the point of view of science, the concept of “indigenous peoples” in the doctrinal documents are not used”.
“We have the term “indigenous numerically small peoples of the North Siberia and the Far East,”” he said Pravda. EN. Adding that the Yakuts in this category do not apply.
“In Russia, in no country the concept of “indigenous peoples” rights and norms are not present. I think it is a legal incident with which our lawyers are able to calmly deal,” — said the expert.
“The national policy of the term “indigenous” and “non-indigenous” peoples are also not used. It was an agreed position, including all subjects of the Federation, to discuss the strategy involved and the Yakutia”, — said Vladimir Zorin.
The decision of the Republican constitutional court in any case does not diminish the rights of other peoples living on the territory of Yakutia, the General Director of “Media group Sitim Maria Khristoforova.
“Just now, given the status of the indigenous people of the Sakha people, because even though the Republic is called the Republic of Sakha (Yakutia), but such status was not,” she said Pravda. EN.
According to Maria Hristoforova associated this decision with the entry into force of the law on far hectare.
“This law has provisions that protect the interests of indigenous peoples. For example, herd horse-breeding, which deals with our people in Saha. Thus, it is possible, when they draw the land for conducting traditional agriculture, somehow the position, the status of this craft will be taken into account,” she said.
Christoforov also said, in the legislation there is a norm about ethnological expertise.
“This examination of the lands that fall under the subsoil use. Definitely the winners of the competitions for the right to develop fields in Yakutia must pass ethnological expertise. To date, mining companies are ignoring these provisions of the law, arguing that it is a local regional law, which is not reflected in similar Federal legislation”, — she told.
In her opinion, “such a decision was to be made a long time ago”. At the same time, lamented Marina hristoforova, the Republican constitutional court, “a very private body that does not inform the public about its activities”.
“Although the constitutional court is a body which is essentially to protect the rights of everyone,” she said.
In General, we can say that the clarity of the implications of such a ruling, no. It is likely that the problem of “indigenous” and “neskorenykh” will have to decide at the Federal level.
