A/HRC/23/34/Add.1
Parliament in October 2011.6 The process has, however, reportedly stalled. The Special
Rapporteur encourages all stakeholders to continue discussions on this important topic.
(b)
Law on national cultural autonomies
19.
Federal Law No. 74-FZ on national cultural autonomies, passed in 1996 and
amended in 2009, entitles ethnic groups to establish public organizations, referred to as
"national cultural autonomies", at the local, regional or federal level. Such entities are
eligible for State funding to conduct activities in the area of culture, language and education
in particular, to participate in the activities of international non-governmental organizations
and to establish contacts with foreign citizens and public organizations. By 2011,
approximately 829 such entities had been registered. The main concern regarding the law
relates to its unclear and vague clauses combined with the uncertainties surrounding
governmental obligations.7
(c)
Laws relating to numerically small indigenous peoples
20.
The Special Rapporteur appreciates the Government‟s recognition of the urgent need
to preserve the culture and traditional ways of life of numerically small indigenous peoples.
21.
The rights of these peoples are protected in a series of federal laws, in particular by
the Law on Guarantees of the Rights of Numerically Small Indigenous Peoples of the
Russian Federation of 1999, the Law on the General Principles of Organizing Communities
of Numerically Small Indigenous Peoples of the North of 2000 and the Law on Territories
of Traditional Nature Use of Numerically Small Indigenous Peoples of the North, Siberia
and Far East of the Russian Federation of 2001.8
22.
The concept paper of 2009 on the sustainable development of the numerically small
indigenous peoples of the North, Siberia and the Far East of the Russian Federation
defining federal policy from 2009 to 2025 has been described as an important step in this
regard.9
23.
Criticism has nevertheless been voiced at the lack of effective implementation and
concrete outcomes of these policies.10 The Special Rapporteur received testimonies that
supported the concluding observations of the Committee on Economic, Social and Cultural
Rights that changes to federal legislation regulating the use of land, forests and water
bodies, in particular the revised Land (2001) and Forest (2006) Codes and the new Water
Code, deprive indigenous peoples of the right to their ancestral lands, fauna and biological
and aquatic resources, on which they rely for their traditional economic activities, through
granting of licenses to private companies for development of projects, such as the
extraction of subsoil resources.11 She is concerned that indigenous peoples feel they were
not meaningfully consulted before these amendments were adopted. While interlocutors
stressed that the Law on the General Principles of Organizing Communities of Numerically
Small Indigenous Peoples of the North had helped them to protect their culture and
traditions, they regretted that the clan communities created under the Law (obshchinas)
were banned from entering into business. Consequently, communities remained dependent
6
7
8
9
10
11
6
See also Council of Europe Compendium on Cultural Policies (see footnote 5), p. 34.
See also Third opinion of the Advisory Committee, 2011 (ACFC/PO/III(2011)010), in particular
paras. 71-76 and 134-137, and comments of the Russian Federation, 2012 (GVT/COM/III82012)004).
A/HRC/15/37/Add.5.
Presentation by the Russian Federation to the Permanent Forum on Indigenous Issues at its eleventh
session. See also A/HRC/15/37/Add.5, para. 24.
See A/HRC/WG.6/4/RUS/3, para. 75.
E/C.12/RUS/CO/5, para. 7.