A/HRC/15/37/Add.5
other form of ownership. Most of the land and subsoil resources in Russia are currently the
property of the State. All issues concerning ownership, use and allocation of land, mineral
resources, water and other natural resources are jointly administered by the federal and
regional Governments. Agricultural, forest, pasture and other land parcels are currently
utilized by private entities primarily on a lease basis from the Government.
31.
Consistent with this general framework, indigenous peoples in Russia are accorded
rights to use the land and its renewable and common resources, while title ownership
remains with the State. The Special Rapporteur holds the view that such use rights could be
sufficient to comply with relevant international standards, if they are well established,
implemented, judicially protected, and working in concert with other entitlements such as
those of consultation and consent, compensation, environmental protection and
development.
32.
Indigenous peoples’ rights to lands and natural resources are promoted by the
federal law “On Territories”. The law provides that the land an indigenous community
utilizes for traditional economic activities may be granted a special legal designation of
“territory of traditional nature use”, and be assigned to that community to use free-ofcharge for a certain renewable period of time. Once created, the indigenous people living in
these territories are guaranteed the right to continue to occupy the land and use its
renewable resources for traditional activities, the right to participate in decision-making
when industrial development in the territory is considered, and the right to receive
compensation when industrial development that interferes with their access to land or
damages the environment occurs there.
33.
However, a common criticism of the federal law “On Territories” is that no
territories have been established directly under it, and that to date the federal law is lacking
by-laws or procedures specifying methods for its direct implementation. In response, the
Ministry of Regional Development reports that it is currently working on a proposal for
amending the law “On Territories” in order to strengthen the law’s effectiveness and means
of implementation. Additionally, the Committee on Nationalities at the State Duma is
working on a new draft law “On the protection of the environment for traditional way of
living and traditional nature use of indigenous small-numbered people of the Russian
Federation”.
34.
Although no indigenous territories have been established under the federal law,
regional laws have, to varying extents, within 28 regions of the Russian Federation,
protected territories for indigenous traditional use, which are documented in an official
federal listing.8 The regional regimes have functioned well in many cases, for example in
the Khanti-Mansiyski Autonomous Region where there are 523 traditional use territories
created under regional law.
35.
Nevertheless, most indigenous communities across the Russian Federation still do
not enjoy designated territories, and due to ongoing reforms to the land regime at the
federal level, which affect regionally created territories, the status of existing territories is
perceived as legally uncertain. For example, in the designated “regional territory of
traditional use” in the area spanning over 17,000 hectares along the Amur River
surrounding Sikachi-Alian village in Khabarovky Krai, indigenous residents currently
enjoy de facto free-of-charge use of land resources and receive preferential access to fishing
areas. However, concern was expressed to the Special Rapporteur that federal land reforms
could have the effect of undermining these currently existing regional entitlements, and in
8
10
Common List of Places of Traditional Lifestyles and Traditional Livelihood of Numerically Small
Indigenous Peoples of the Russian Federation, N 631-p of 2009.
GE.10-14779