From Khabarovsk to Geneva: A long way to recognition
Following the official celebration of the International Indigenous Peoples'
Day, the debates of the Working Group were carried on in a colourful atmosphere
and tackled the theme of Standard Settings. This question is of an utmost
importance as it will be the basis of a final declaration on Indigenous
Peoples' Rights. Among other speakers, Mrs. Dimitri Vaulin and Mr. Michael
Todishev, both from the Association of Indigenous Peoples of the North
(RAIPON), made some proposals in order to improve the rights of people
living in Northern and Far East Russian Territories like the Oroch People,
one of the smallest groups in northern region of Khabarovsk. Later, on
the fringe of its official statement, Mr. Michael Todishev (the Vice-President
of RAIPON), told us more about the political situation of those indigenous
people.
CONGO: According to the last figures, there are about 200 different
ethnic groups in Russia. Could you present the geographical and political
situation of the Indigenous People you represent?
Michael Todishev: The Russian government evaluated that there
are 90 indigenous people in Russia. Out of this number, there are only
45 that are mentioned in the Constitution. Our organisation, RAIPON, was
created in 1990 when the USSR was still in existence. We represent 40
indigenous groups including eight that do not exceed a thousand people.
CONGO: What is the term of the dialogue with the Russian Federation?
Mr. Todishev: The Russian government says that there is good dialogue
and partnership. Actually, it is mainly through the North and Artic Council
directed by Mr. Kasianov that we had the opportunity to propose some amendments
that would change the Federal Laws. Mr. Kasianov approved these proposals.
Thus, it is only because we are part of this Council that we can set up
the dialogue. RAIPON has the status of permanent participant as the USA
and other countries. So we participate in the policy decision-making process.
This is the reason why Russia respects us. Due to Artic Council we can
work on international projects, including World Bank's projects. This
is an example of cooperation with the Russian government. But we are independent
and we do not get any funding from them.
CONGO: What kind of Standard Settings would you like to see implemented?
Mr. Todishev: We have an Article 69 in our Constitution which is illustrating
the priority at the international level in comparison with other laws
dealing at the federal level. But the Draft Declaration on Indigenous
Peoples should be done as soon as possible, especially in relation to
Extractive Industries and the standard that would give the right to Indigenous
Peoples to decide what to do with land resources. We should have minimal
standards for Health Care, for Intellectual Property and traditional knowledge.
CONGO: Could you explain the grievance of the Oroch People towards
Extractive Industries?
Mr. Todishev: A federal law on "the territories of traditional natural
resources exploitation" (TTNRP) was adopted in May 2001. In October
the government introduced another law to get the land from indigenous
people. Until now it has not made any effort to implement the TTNRP standards
pretending there is no mechanism but simply does not want to elaborate
them. The companies working on these territories say they can not retrocede.
They manage to lobby the State and want to get ride of the laws. That
is why we want now amendments of these laws.
CONGO: Has the situation of indigenous people improved since the
fall of the Soviet Union?
Mr. Todishev: No! Before, the land belonged to everybody. Now it belongs
to big Extractive Industries. In the previous time, the social protection
was better and some official bodies dealt with indigenous peoples but
now it becomes inefficient. So if the legislation and the law on land
resources are improved, we will succeed in promoting our rights.
CONGO: Are you satisfied with the level of scope of the Working
Group's discussion?
Mr. Todishev: I love the Working Group. There are so many people that
I can share experience with! Thus, we would like the Working Group to
prolong its mandate because, on the contrary to the Permanent Forum, there
are experts who can elaborate the standards. So the Working Group has
to exist!
By: Jérôme Gygax and John Auran-Clapot
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