«Indigenous peoples in the Russian Constitution and international law
Recall that the current The Constitution recognizes the concept of "indigenous" people and the special law, which guarantees the status of "the indigenous" people.
«Article 69. Russian Federation guarantees the rights of indigenous peoples in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation. "
But if there is "indigenous peoples", it means that it is permissible to speak of "indigenous" people in general. Permissible also oppose the "indigenous" peoples - non-indigenous. " Permissible to require the authority to determine the list of "indigenous" peoples in general, not just with a list of "indigenous".
This article of the Constitution detailed in a series of laws (F. Z. on April 30, 1999 N 82-FZ , on 20 July 2000 N 104-FZ and on May 7, 2001 , N 49-FZ ). They specify in detail the positive discrimination for members of "indigenous peoples", and these people by name . Thus, in Russia in the natural order of things "ethnic law" on the rights and status of certain privileged people. Hence, the requirement some preferences for one more "indigenous" people can not be called "nonsense", "assault on the Constitution", "extremism." Requirement for all all "indigenous" peoples of some preferences, which is prohibitive "non-indigenous" - not "incitement", and is consistent with the spirit of our Constitution. Our Constitution is much more "nationalistic" than trying to present.
However, God is with them, with benefits and subsidies - let them use only small indigenous peoples. We do not mind. But here are some "non-cash" law, which are available for small indigenous peoples in accordance with the law, completely would be useful and Russian.
In federal law from 30 April 1999 N 82-FZ mentions the following interesting thing: «authorized representatives of the minority People - individuals or organizations that are in accordance with the laws of the Russian Federation represents the interests of the peoples ». Why in Russian there is no "authorized representative" (or the person or organization)? On what basis the Russian defeat of law, which has more than forty other Peoples of Russia? Why are the interests of Russian nobody is?
And what about international law? 13 September 2007 UN General Assembly at its 1961 session adopted «Declaration on the Rights of Indigenous Peoples» . I draw your attention to: "root", not "indigenous", not "national minorities". Russia in This abstained, but the adoption of the UN Declaration as a whole on the merits of its provisions a "generally recognized principles and norms of international law ". In other words, Article 69 of the Constitution allows the Russian to appeal directly to the content of this Declaration.
This raises a question: whether Russian "indigenous people" from the standpoint of international law? And on this there is a special document: «Convention concerning Indigenous and Tribal Peoples Tribal Peoples in Independent Countries [Convention 169]. Adopted June 27, 1989 General Conference of the International Labour Organisation at its seventy- шестой сессии.
В Статье 1 этой Конвенции дается определение:
«1. Настоящая Конвенция распространяется:
a) на народы, ведущие племенной образ жизни in independent countries whose social, cultural and economic conditions distinguish them from other sections of the national community and whose status regulated wholly or partially by their own customs or traditions or by special legislation;
b) on the peoples in independent countries who regarded as indigenous on account of the fact that they are descendants of those who inhabited a country or geographical region to which the country, the time of conquest or colonization or the establishment of present state boundaries and who, irrespective of their legal status, retain some or all of their social, economic, cultural and political institutions.
2. Indication of the peoples themselves whether they belong to indigenous or tribal regarded as a fundamental criterion for determining the groups to which the provisions of this Convention ". ...
clear that the second paragraph of this Article is the basic, or any state could simply prohibit all native institutions indigenous people and thus get rid of any obligations. It is important that people will remember that he is a radical, and he left the memory of the institutions that were destroyed state. This is the case for Russian, traditional culture and way of life were destroyed by the Bolsheviks in 1917 (for citizens) and in the era of collectivization (For farmers). The vast majority of modern Russian in Russia - are descendants of pre-revolutionary peasant population, which even before the Bolsheviks the most stringent canons led quite traditional, "radical" way of life.
As for "indigenous" to the Russian territory, this shall include at least CFD and most of the North-West (as well as a number of territories of Ukraine). These areas are not Russian "colonized" and "educated" on them in the union of Slavic, Baltic and Finno-Ugric tribes.
return to «UN Declaration on the Rights of Indigenous Peoples» . Some of the articles there is quite noteworthy. To it was clearer what was going on, then I'm in quotes everywhere substitute "indigenous peoples" to "Russian", and after a particularly interesting articles cite in parentheses the comment.
«Article 3.
Russian have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. "
(bye with the "Russians", Mr Medvedev)
«Article 4.
Russian in the implementation their right to self-determination have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. "
(where the Russian Autonomous Republic, Mr. Medvedev?)
«Article 5.
Russian have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining its right, if they so choose, to participate fully political, economic, social and cultural life of the state. "
«Article 7.
... 2. Russian have the collective right to live in conditions of freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or in any other act of violence, including forced transfer of children belonging to the group to another. "
(This allows us to fight at the international level against the "juvenile justice" and participation practice of weaning children from Russian for the debts of housing . The observed current extinction Russian is also an occasion to present international claims to the Government RF)
«Article 8
... 2. States shall provide effective mechanisms for prevention of and redress for:
a) Any action which has the aim or effect of depriving Russian integrity as distinct peoples, or of their cultural values or ethnic origin;
b) Any action which has their object or effect of depriving Russian of their lands, territories or resources;
c) forced displacement, in any form which has the the purpose or effect of violating or undermining any of their rights;
d) forced assimilation or integration in any form;
e) Any form of propaganda that has to promote or incite racial or ethnic discrimination directed against the Russian. "
(Item b) allows you to send in a new Nuremberg Khloponin and anyone who spends mass migration of other peoples on indigenous Russian lands . Item d) allows to say goodbye to "Russians" Mr. Medvedev. )
"Article 12
1. Russian have the right to observe, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect and have access in privacy to their religious and cultural values, the right to use and dispose of their ceremonial objects; and the right to the repatriation of the remains of their dead. " ...
(Pay attention to the word "no foreign presence": an advertisement that is "only for Russian" in these cases are absolutely justified)
«Article 13
1. Russian has the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, as well as give their own names for communities, places and persons, and save them. ...
«Article 14
1. Russian have the right to establish and control their educational systems and institutions providing education in their own languages, so that it is appropriate to their cultural methods of teaching and learning. " ...
(In two previous articles draw attention to: not "on behalf of the Russian State", and "it is Russian." Ie Russian have the right to selection of teachers in Russian schools)
«Article 16
1. Russian are eligible create their own media in their own languages and to access all forms of media, not belonging to indigenous people without any discrimination. " ...
(important right!)
«Article 18
Russian are eligible to participate in decision-making on issues that affect have their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own decision institutions ".
(very important rule! As a minimum, the Russian have the right to «representatives chosen by themselves in accordance with their own procedures» . Ie should be separate election "among the Russian and for Russian»)
«Article 22
1. In the implementation of this Declaration, particular attention is paid to rights and special needs of the elderly, women, youth, children and disabled persons to the Russian.
2. States, together with the Russian taking steps to ensure that women and children belonging to the Russian, to enjoy full protection and guarantees against all forms of violence and discrimination. "
(Each case of violence against Russian women and children - is a crime of international level and the failure of Russia's international obligations)
«Article 23
Russian have the right to determine and develop priorities and strategies for exercising their right to development. In particular, the Russian have the right to actively participate in developing and determining health, housing and other social and economic programs affecting them, and as far as possible, to administer such programs through their own institutions. "
(relevant ministries, both in the regions and the federal level must coordinate every step with the authorized representatives of the Russian)
«Article 26
1. Russian have the right to lands, territories and resources, which they have traditionally owned, they have traditionally occupied or otherwise used or acquired. " ...
«Article 32
1. Russian are eligible determine and develop priorities and strategies for the development or use of their lands or territories and other resources.
2. State in good faith consult and cooperate with the Russian through their own representative institutions in order to obtain their free and informed consent prior to approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
(Pay attention to "their own representative institutions" - meaning, we are at it, we have the right to own "the Russian parliament." And this Parliament has the right to dispose of all the resources of the Russian land)
«Article 35
Russian have the right to determine the responsibilities of individuals in relation to their communities. "
(This is important for self-organization. Manual of the Russian community has every right to tax the Russian businessmen and oligarchs)
«Article 36
1. Russian, which are divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including in relation to the spiritual, cultural, political, economic and social purposes, with those who are their own members, as well as with other peoples across borders.
2. State, in consultation and cooperation with Russian, take effective measures to facilitate the use of this right and ensure its implementation. "
(Russian have the right to ignore national boundaries that separate them)
«Article 40
Russian are eligible for access to and prompt decision through just and fair procedures for resolving conflicts and disputes with States or other parties, as well as effective remedies for all infringements of their individual and collective rights. "
(It is important to mention "collective" rights of Russian as people)
Some of these articles (26, 32), by implication, refer only to the ancestral indigenous territories of the Russian - CFD and most of the Northwestern Federal District, - But in most articles about the area but said nothing. If people are "indigenous" in this country, where would its representatives nor lived, they are "indigenous". However, if the observance of this Declaration will achieve at least in the Russian regions, CFA, it will be an important victory.
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