A/HRC/15/37/Add.5
regional Duma (parliament). The region’s administration works closely under a formal
agreement with the indigenous organization “Salvation of Yugra” (which has 22 offices
throughout the region with over 3,000 active participants) when making any decisions
affecting indigenous peoples. Together, they have adopted a general policy on indigenous
peoples’ rights, and over 10 laws and 40 normative acts guaranteeing the rights of
indigenous peoples to priority and free-of-charge use of land, language education, selforganization, development of reindeer herding, and promoting the pursuit of traditional
activities. This region is the only federal subject in the Russian Federation to have
legislated a quota of indigenous representation at the regional Duma (3 out of 21 seats there
are reserved for indigenous people).
57.
Khabarovsky Krai has established an indigenous body with consultative status in the
Governor’s office, the Regional Council of Representatives of Indigenous Peoples of the
Governor’s Office, which was created in 2003 under the regional law “On Representation
of Indigenous Peoples”. Each village elects representatives for its municipal council, and
the heads of municipal councils sit on the Regional Council of Representatives of
Indigenous Peoples, currently consisting of 15 members. All decisions of the Government
of Khabarovsky Krai that have to do with indigenous peoples are discussed in consultation
with the Council, and the Council can make proposals to regional and federal legislative
bodies.
58.
With regard to indigenous peoples’ right to autonomous governance, the federal
Law “On guarantees” affirms that indigenous people may set up territorial self-government
bodies in places of compact settlement, form communities and other organizations, and
have courts consider their customary laws provided these are not contradicted by federal or
regional legislation. In particular, the law “On Obshchina” specifies the formation of
“obshchina”, or clan community, “created for the goals of defending their age-old
surroundings, and the maintenance and development of traditional ways of life, economy,
trades and culture”. Obshchinas may group together a single family, a few families, or a
whole village, and are entitled to receive use rights for allotments of land parcels, and
quotas for fishing and hunting, accommodating their traditional practices. However, the
Special Rapporteur heard concerns that in practice the obshchina system does not function
to adequately or consistently secure indigenous self-governance in accordance with
customary patterns of community organization and leadership, and that the activities under
obshchina authority are limited to those considered traditional, and thus do not include
commercial activities.
C.
Socio-economic concerns
59.
The indigenous people of Russia continue to experience deep-rooted and complex
socio-economic problems due largely to the disruptive management of their communities
during communism and the crippling effects of post-communist transition to a free-market
economy. The socio-economic indicators for indigenous peoples are dramatically inferior to
those for other Russians (see paragraphs 66 and 74). Some improvements have been
achieved in the last 10 years, but efforts should continue and be strengthened especially in
the areas of job creation and economic development, education, and health care in order to
enable the potential for vibrant and self-sufficient indigenous communities.
1.
Long-term strategies for economic development
60.
The Government’s principal policy with regard to indigenous peoples is to ensure
the preservation of their unique cultures by supporting their traditional economic activities.
In this connection, the Special Rapporteur observed that many Government officials with
whom he met seemed to operate under the assumption that if indigenous people carry out
GE.10-14779
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