Legal support for the sustainable development of indigenous minorities of the North, Siberia and the Far East: results and prospects

Semenova Irina Vladimirovna Junior Researcher; Department of Environmental, Land and Agrarian Law; Institute of State and Law of the Russian Academy of Sciences 10 Znamenka str., Moscow, 119019, Russia ssem.irina@gmail.com Other publications by this author

The Strategy of the State National Policy of the Russian Federation for the period up to 2025 (hereinafter referred to as the Strategy) (Law of the Russian Federation, 2012, No. 52, Article 7477) defines the concept of a "multinational people", which means a community of free equal citizens of the Russian Federation of various ethnic, religious, social and other affiliations, possessing civic consciousness. According to Article 3 of the Constitution of the Russian Federation, the multinational people are the bearer of sovereignty and the only source of power in the country. Traditions, customs, culture, language, and the traditional way of life of every people living in the territory of the Russian Federation are its unique wealth, which the internal policy of the state is aimed at preserving. Indigenous small-numbered peoples, which, according to Federal Law No. 82-FZ of April 30, 1999 "On Guarantees of the Rights of Indigenous Small-numbered Peoples of the Russian Federation" (Federal Law of the Russian Federation. 1999. No. 18. Art. 2208.) are peoples living in the territories of the traditional settlement of their ancestors, preserving the traditional way of life, economic activities and crafts numbering less than 50,000 people in the Russian Federation and recognizing themselves as independent ethnic communities (paragraph 1 of Article 1) are a special social group of the population in need of special state support and protection, including due to the small number of representatives of certain nationalities ^{[1, p. 3]}.

By Decree of the Government of the Russian Federation, a Single list of indigenous small–numbered peoples of the Russian Federation has been established (Federal Law of the Russian Federation. 2000. No. 14. From vol. 1493.). Among the indigenous small-numbered peoples included in the aforementioned list, 40 have a special legal status of indigenous small-numbered peoples of the North, Siberia and the Far East (hereinafter - KMNS or peoples of the North). By order of the Government of the Russian Federation, these peoples were allocated to a separate list (Federal Law of the Russian Federation, 2006, No. 17 (2 hours), from vol. 1905). The specifics of the legal regulation of the status of the peoples of the North are determined by the vulnerability of their traditional way of life and habitat. The traditional places of residence of the KMNS are characterized by harsh climatic conditions, which have a significant impact on the conduct of traditional economic activities by the peoples of the North. The customs and traditions of the CIS, especially those related to the implementation of traditional nature management, are still of great importance not only for providing the peoples of the North with food, but also for ensuring the rational use of natural resources, careful treatment and preservation of the unique natural ecosystems of the North. These aspects indicate the need for state support and protection of the sustainable development of the CIS. As A.A. Tranin pointed out, ensuring the security and improving the socio-economic situation of the peoples of the North are considered as one of the priorities of the state national policy ^{[2, p. 24]}. In the context of a global change in the world order, new challenges appear before society, and at the same time, old, long-existing problems become more acute ^{[3, p. 151]}. One of such global problems is climate change on our planet. As I.I. Matvienko rightly notes, the ongoing climatic changes can endanger the traditional way of life of the peoples of the North and affect the economic stability of their habitat ^{[4, p. 154]}.

Due to the peculiarities of the geographical location of their traditional places of residence, measures aimed at maintaining their social and economic status, ensuring their sustainable development and preserving their traditional way of life are being developed and implemented in practice for the CIS, which collectively affects the possibilities of effective rational development and stable development of the northern territories of the Russian Federation. The purpose of this work is to analyze the legal regulation in the designated area in historical retrospect, as well as to identify the main directions for its improvement in modern conditions.

What is meant by sustainable development? At the legislative level, there is no single definition of this concept in both international acts and Russian legislation. Nevertheless, it is possible to identify the fundamental signs, one way or another enshrined in various acts (For example, the Johannesburg Declaration on Sustainable Development (adopted at the World Summit on Sustainable Development, August 26 — September 4, 2002), The future we want: annex to the resolution of the UN General Assembly (adopted by the Conference United Nations Conference on Environment and Development, June 2012), Transforming our world: The 2030 Agenda for Sustainable Development: Resolution of the UN General Assembly (adopted by the UN General Assembly, September 2015), etc.). Thus, sustainable development refers to the activities of States aimed at finding a balance between ecology and economics, based on scientific and technological progress, taking into account the social problems of society, as well as the interests of present and future generations. Thus, sustainable development has a complex character and affects both the environmental, social, and economic spheres of society ^{[5, p. 65]}. For the world community, the most significant document in the field of sustainable development regulation, as T.V. Rednikova rightly notes, is the Concept of Sustainable Development adopted in Rio de Janeiro in 1992 (Agenda for the 21st Century (adopted by the United Nations Conference on Environment and Development, Rio de Janeiro, June 3-14, 1992This Concept is a model of civilizational development that ensures a balance between solving social, economic problems and preserving the environment ^{[6, p. 13]}. The advantage of sustainable development is its focus on achieving a balance, in which such a development of society is understood as a controlled, balanced improvement that does not destroy its natural foundation, but ensures the continuous progress of human civilization ^{[7, p. 842]}.

The historical aspect of the issue under consideration is no less important for identifying and resolving current problems, as well as for finding promising areas for the development of legal regulation. As V.A. Shtyrov notes, in order to improve the socio-economic development of the peoples of the North, the Government of the Russian Federation applies a program-oriented method of problem solving. So, since the beginning of the 90s of the twentieth century, the following acts have been adopted:

- The State Program for the development of the economy and culture of the small-numbered peoples of the North in 1991-1995, adopted in March 1991, was partially implemented due to the low level of funding.

- The Federal target program "Economic and Social Development of the Indigenous Small–numbered Peoples of the North until 2000", approved by Decree of the Government of the Russian Federation No. 1099 dated September 13, 1996, the actual funding from the federal budget was no more than 5-7%.

- The Federal target program "Economic and Social Development of the Indigenous Small–numbered Peoples of the North until 2008" (approved by Decree of the Government of the Russian Federation No. 564 dated July 27, 2001) was developed on the basis of the Concept of State Support for the Economic and Social Development of the Regions of the North (NW RF. 2000. No. 12.). According to the assessment of the Ministry of Economic Development of Russia This program was considered ineffective, since none of the agreed targets and indicators of the program were fulfilled by the end of 2006.

- The concept of the federal target program "Economic and social development of the indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation until 2015" was adopted in November 2007, and since 2009 the system of state support for the economic and social development of the CIS has been changed to the format of provision by the federal budget to the budgets of the subjects of the Russian Federation in which these the peoples of targeted subsidies. The rules for the distribution and provision of these subsidies were approved by Decree of the Government of the Russian Federation dated March 10, 2009 No. 217 ^{[8, p. 17]}.

By Decree of the Government of the Russian Federation No. 132-r dated February 4, 2009, the Concept of Sustainable Development of the Indigenous Small–numbered Peoples of the North, Siberia and the Far East of the Russian Federation (hereinafter referred to as the Concept) was adopted (Federal Law of the Russian Federation. 2009. № 7. Art. 876). According to the Concept, the sustainable development of the KMNS involves the preservation of the ancestral habitat, traditional way of life and cultural values, as well as strengthening their socio-economic potential. It aims to combine the efforts of public authorities and local governments with civil society institutions, including associations of indigenous peoples, to address issues of sustainable development of these peoples.

This Concept, as V.A. Shtyrov notes, outlined the results of the state policy towards the CIS over the past 15 years, characterized the situation of the peoples of the North at the time of its adoption, and defined the principles of sustainable development and the main directions of our state's policy towards the CIS until 2025 ^{[8, p. 18]}. Its implementation was planned in 3 stages. Within the framework of the Concept, orders of the Government of the Russian Federation were adopted for each of these stages, which approved action plans for the implementation of the provisions of this document. The first (2009-2011) was aimed at priority measures providing for the improvement of the regulatory framework in the field of protection of the rights of indigenous peoples. That is, the formation of economic, environmental and social conditions for the development of the CISN, fixed at the legislative level. The second stage (2012-2015) was aimed at continuing the implementation of measures to create conditions for the sustainable development of the peoples of the North. In particular, changes in the quality of life of indigenous peoples, their employment in traditional industries, access to medical services, the Internet and mobile communications. In accordance with the provisions of the Concept, following the results of the third stage (2016-2025), conditions for the sustainable development of the CIS should be formulated, including effective mechanisms for preserving the ancestral habitat and traditional way of life, as well as modernization of traditional economic activities and the social sphere in places of traditional residence. At the moment, there is no need to talk about the full implementation of the Concept under consideration. But at the same time, according to the head of the Federal Agency for Ethnic Affairs (hereinafter referred to as the FADN), serious results have been achieved in terms of the socio–economic development of the representatives of the CISN, the preservation of their distinctive culture, traditions and customs (The WEF made proposals to the draft of a new concept for the sustainable development of the CISN // The Internet portal of Rossiyskaya Gazeta [Electronic resource]. URL: https://rg.ru/2024/09/05/reg-dfo/na-vef-vnesli-predlozheniia-v-proekt-novoj-koncepcii-ustojchivogo-razvitiia-kmns.html (date of access: 04.1 1.2024)).

Since the current Concept should be implemented by 2025, the FADN has developed a draft of a new Concept for the Sustainable Development of the KMNS until 2036 (hereinafter referred to as the Project). In accordance with this act, it is assumed that the federal executive authorities will be guided by the provisions of the new Concept in the development and implementation of sectoral strategic planning documents, state programs (subprograms) of the Russian Federation and other strategic planning documents (Draft "On Approval of the Concept of Sustainable Development of Indigenous Minorities of the North, Siberia and the Far East of the Russian Federation for the period up to 2036" // Official website for posting information on the preparation by federal executive authorities of draft regulatory legal acts and the results of their public discussion [Electronic resource]. URL: https://regulation.gov.ru/Regulation/Npa/PublicView?npaID=151736 (date of access: 04.1 1.2024)). The updated Concept is aimed at improving and modernizing the life support systems and realizing the entrepreneurial potential of the KMNS, as well as increasing the involvement of the economic activities of the peoples of the North in the economy of the regions. As one of the areas of work, it is envisaged to ensure priority access of small-numbered peoples of the North to fishing and hunting grounds, biological resources in places of traditional residence and traditional management. It is also noted that the issue of giving CMNS communities the status of agricultural producers and small and medium-sized businesses is increasingly being raised by law enforcement officials and requires action (they want to protect the right of CMNS communities to entrepreneurship from conflicts // Online portal Fishnews.ru [Electronic resource]. URL: https://fishnews.ru/news/50757?ysclid=m2uiqnqsty29150729 (accessed: 04.1 1.2024)).

According to the provisions of the Draft, among the peoples of the North, the proportion of people living through the production and processing of agricultural products, fishing, hunting and gathering in the majority of indigenous peoples is higher than the same indicator in the country (1.6%). At the same time, the proportion of people who indicated wages, self-employment or entrepreneurship as a source among these peoples is lower than the national average. Thus, effective measures aimed at the sustainable development of the CIS (including those that are expected to be implemented), including those aimed at supporting traditional environmental management, contribute not only to the economic stability of the peoples of the North, but also affect these indicators in the regions of their traditional residence and the development of the potential of our country's economy as a whole.

Analyzing the provisions of the current Concept and the Draft, we can identify the following differences between these acts. First, the Draft states that the updated Concept is an intersectoral strategic planning document, and also outlines the legal basis of the document in question, which includes Federal Law No. 172-FZ of June 28, 2014 "On Strategic Planning in the Russian Federation" (Federal Law No. 26 of 2014 (Part (I) Art. 3378.) However, despite the fact that the Draft emphasizes the importance of recognizing the special vulnerability of the indigenous peoples and the need to formulate a state policy towards the peoples of the North, which provides for systematic measures to preserve the distinctive culture, traditional way of life and ancestral habitat of these peoples (paragraph 6), it lacks the concept of sustainable development KMNS, fixed in the current Concept. In our opinion, this concept should also be included in the future edition of the document. Secondly, the change in the principles of sustainable development of the CIS. Thus, 10 principles are specified in section 3 of the current Concept, and 7 in the Draft. The principle of "guaranteeing the rights of the CIS in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation" was supplemented with the word "compliance". Also, the principle of recognizing the right of the peoples of the North to priority access to fishing grounds and hunting grounds, to biological resources in places of their traditional residence and traditional economic activity was excluded from the text of the Draft. At the same time, this provision is fixed as one of the directions for the implementation of the first goal of the Concept. However, in our opinion, the exclusion of this provision from the list of principles of sustainable development belittles its importance. In addition, the Draft also lacks the principle of the need to assess the consequences of proposed projects and works in places of traditional residence and traditional economic activity of the CISN and the principle of compensation for damage caused to the native habitat, traditional way of life and health of the peoples of the North. At the same time, a new principle has been added – the protection of indigenous culture, including the languages of the CIS. Thirdly, the Project outlines the tools, performance indicators and expected results from the implementation of the new Concept. Unlike the current Concept, the Draft does not specify time periods for the stages of its implementation, but contains an indication of action plans approved by the Government of the Russian Federation. The Draft also highlights the authorities implementing the new Concept. In addition to the differences considered, the Project provides for some new areas of support for the CMNS, which are required in a dynamically developing society. For example, the expansion of a network of multifunctional centers for the provision of state and municipal services in places of traditional residence of the peoples of the North, the provision of modern equipment to educational organizations, government support in the field of veterinary measures and breeding work to improve reindeer breeds, etc. Therefore, in our opinion, the Draft as a whole contains provisions reflecting the modern needs of the peoples of the North, the satisfaction of which is necessary for their sustainable development. Nevertheless, one should not forget about some of the prescriptions contained in the current Concept, which cannot become outdated and are historically established, fundamental provisions reflecting the specifics of state policy regarding the CIS.

In connection with the above, it is worth paying attention to the fact that in order to fulfill the tasks set, it is necessary not only to consolidate the new rights of the CMNS, but, equally, to provide conditions for the implementation of already established norms, which was also noted by P. V. Gogolev in his work ^{[9, p. 35]}. At the same time, as S.N. Vinogradova rightly points out, the solution to the modern problems of the peoples of the North depends mainly not on their own actions and capabilities, but largely on the political decisions that are made in relation to this group of the population ^{[10, p. 33]}. However, this does not mean that the peoples of the North do not participate in the development of these norms. Protecting the interests and ensuring the quality of life of the CIS affects all participants in the process of sustainable development: the state, corporations and the population itself ^{[11, p. 35]}. Accordingly, in our opinion, the text of the Draft needs to be finalized, in particular, in the field of defining the basic principles of sustainable development of the CIS, as well as preserving the definition of the concept of "sustainable development of the peoples of the North", enshrined in the Concept and reflecting the basis of state policy in this area.

Thus, for the Russian Federation, the preservation of the traditions, customs, language and culture of each ethnic group living on its territory is one of the primary tasks. Indigenous peoples have their own traditional way of life, the preservation of which is under threat due to the small number of their representatives, low socio-economic status in society. Currently, the legal regulation of the sustainable development of the indigenous peoples of the North is undergoing significant changes. As L. V. Yelmendeeva rightly notes, the process of digital transformation involves more and more segments of the country's population ^{[12, p. 84]}. Representatives of the CMNS draw attention to the need to modernize life support systems and realize entrepreneurial potential. Legal measures aimed at supporting local entrepreneurship, modernizing the infrastructure and technical equipment of the population, and eliminating gaps in legislative regulation are currently the most effective measures that can ensure the sustainable development of the peoples of the North.

At the same time, in the process of meeting new needs, one should not forget about the fundamental principles – the protection of the indigenous habitat of the indigenous peoples and the biological diversity of our planet. Modernization and the introduction of digital technologies should be carried out carefully, in compliance with all environmental requirements and taking full account of the risks that unauthorized activities may entail for the ecosystem. Support for the peoples of the North in protecting their ancestral habitat and traditional way of life, and adapting to climate change should also remain one of the main directions of government policy.

The traditional nature management of the KMNS is the basis of their way of life. In this regard, their right to priority access to fishing grounds and hunting grounds, to biological resources in the places of their traditional residence and traditional economic activity should continue to be enshrined as one of the most important principles of our state's policy regarding the legal status of the peoples of the North, and cannot fade into the background. In the process of improving legislation through the introduction of updates, we must not forget about the values of fundamental importance on which the sustainable development of the CIS is based, and the legal protection of which should only be strengthened over time.