To the Issue of Concept and Essence of the Indigenous People’s Right to Sustainable Development
( Pp. 303-312)

More about authors
Nikitin Fyodor Ivanovich postgraduate student.
Kazan (Volga region) Federal University
Kazan, Russian Federation
Abstract:
Purpose of the study. This article is devoted to the study of the concept and essence of the indigenous peoples’ right to sustainable development. Results. During the consideration of the various international law provisions that enshrine specific norms of this concept, it is found that homonymous rights of indigenous peoples form a very complicated system that combines various rights that are closely related to the self-determination right. Thus, this study aims to show a somewhat alternative approach to understanding the essence of the right under consideration mainly as a part of the self-determination right that perceived by the author as a «cornerstone» of all the modern policies in the field of sustainable development of these peoples. Of particular interest is the author's position on the non-interference of the state and large business in the affairs of these peoples’ communities. As a result of the analysis, it is summarized that these peoples themselves should play a key role in the indigenous sustainable development process. Due to this fact, it is noted that the assistance offered by states and international organizations to indigenous peoples’ sustainable development should be carried out by providing them with freedom of choice and expression of their own opinion regarding their political, economic, social and cultural status. It also should provide diversified support measures, as well as expand their opportunities to live in accordance with their own needs and interests, being integrated into today’s civilization processes. The latter, according to the author, will contribute to the preservation of these peoples as separate ethnic communities, as well as their sustainable development on the terms they choose.
How to Cite:
Nikitin F.I., (2022), TO THE ISSUE OF CONCEPT AND ESSENCE OF THE INDIGENOUS PEOPLE’S RIGHT TO SUSTAINABLE DEVELOPMENT. Gaps in Russian Legislation, 3 => 303-312.
Reference list:
Garipov R. Sh. Indigenous Peoples’ Protection in International Law / by Ruslan Garipov. Kazan: Published by Kazan (Volga River) Federal University, 2012. 256 p.
Gorbunov S. N., Zadorin M. Yu. Indigenous peoples and sustainable development. Arkhangelsk: SAFU, 2014. 358 p.
Kryazhkov V. A. Indigenous Small-Numbered Peoples of the North in Russian Law. / V. A. Kryazhkov. Moscow: Norma, 2010. 560 p.
Nikitin F. I. Activity of international organizations dealing with promotion of the sustainable development concept among indigenous people as the most vulnerable groups of the world population. Eurasian Law Review. No. 1 (152). 2021. Pp. 35-38.
Shakirov A. D. The Concept of Sustainable Development in International Law: monograph. Kazan: Tatars. publishing house, 2014. 136 p.
Khabrieva. T. Y. Modern Problems of Self-Determination of Ethnos. Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2010. 288 p.
Report of the World Commission on Environment and Development «Our Common Future», 1987. U.N. Doc. A/42/427.
Report on the seventeenth session (16-27 April 2018). Economic and Social Council Official Records, 2018. Supplement No. 23. U.N. Doc. E/43-E/C.19/2018/11.
Study of the Problem of Discrimination Against Indigenous Populations. By José R. Martinez Cobo, Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities. Volume 5. Conclusions, Proposals and Recommendations, 1986. U.N. Doc. E/CN.4/Sub.2/1986/7/Add.4.
Indigenous peoples: development with culture and identity in the light of the United Nations Declaration on the Rights of Indigenous Peoples. A reflection paper of the Inter-Agency Support Group on Indigenous Issues, consolidated by the United Nations Educational, Scientific and Cultural Organization, 2010. U.N. Doc. E/C.19/2010/17.
Indigenous peoples: development with culture and identity: articles 3 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples. Report of the international expert group meeting, 2010. U.N. Doc. E/C.19/2010/14.
The Right to Self Determination. Implementation of United Nations Resolutions. Study prepared by Héctor Gros Espiell, Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, 1980. U.N. Doc. E/CN.4/Sub.2/405/Rev.1.
Legal Status of Indigenous Peoples in Russia and Foreign Countries: Monograph / ed. by A. F. Maly, S. V. Bukhmin, R. Sh. Garipov. Moscow: Prospekt, 2021. 360 p.
Alfred T., Corntassel J. Being Indigenous: Resurgences against Contemporary Colonialism. Government and Opposition. Vol. 40 (4). 2005. Pp. 597-614.
Anaya J. S. Indigenous Peoples in International Law. Second edition. Oxford: Oxford University Press, 2000. 280 p.
Banerjee S. Arctic Voices: Resistance at the Tipping Point. New York: Seven Stories Press, 2012. 560 p.
Corntassel J. J., Primeau T. H. Indigenous Sovereignty and International Law: Revised Strategies for Pursuing Self-Determination . Human Rights Quarterly. Vol. 17. No. 2. 1995. Pp. 342-365.
Daes E-I. A. The Spirit and Letter of the Right to Self-Determination: Reflections on the Making of the United Nations Draft Declaration / Pekka Aikio and Martin Scheinin (eds.). Operationalizing the Right of Indigenous Peoples to Self-Determination. Turku/ bo: Institute for Human Rights, bo Akademi University, 2000, pp. 67-84.
King T. The Inconvenient Indian: A Curious Account of Native Peoples in North America. Toronto: Doubleday, 2012. 207 p.
Mynnti K. The Rights of Indigenous Peoples to Self-Determination and Effective Participation. Operationalizing the Right of Indigenous Peoples to Self-Determination. Turku; Abo, 2000. Pp. 85-130.
Nettheim G. Peoples and Populations - Indigenous Peoples and the Rights of Peoples. The Rights of Peoples. Oxford: Clarendon Press, 1988. Pp 108-127.
Panzironi F. Indigenous Peoples to Self-Determination and Development Policy. Thesis submitted to fulfil the requirements for the award of Doctor of Philosophy / F. Panzironi. Sydney, 2006. 390 p.
Picq M. Self-Determination as Anti-Extractivism: How Indigenous Resistance Challenges World Politics. Restoring Indigenous Self-Determination / Ed. by Marc Woons. Bristol, UK: E-International Relations. 2012. Pp. 26-33.
Sawyer S., Gomez E. T. The Politics of Resource Extraction: Indigenous Peoples, Multinational Corporations and the State. New York: Palgrave Macmillan, 2012. 314 p.
Stavenhagen R. The Ethnic Question: Conflicts, Development, and Human Rights. U.N. Sales No. E.90.III.A.9, 1990. 185 p.
Thornberry P. Indigenous Peoples and Human Rights. Manchester: Manchester University Press, 2002. 484 p.
Xanthaki A. Indigenous Rights in the Russian Federation: The Case of Numerically Small Peoples of the Russian North, Siberia and Far East. Human Rights Quarterly / By Johns Hopkins University Press. Volume 26. N. 1. 2004. Pp. 75-105.
Keywords:
indigenous peoples, international law, human rights, sustainable development, self-determination, culture, participation, interpretation.


Related Articles

All-Russian Scientific Conference “Drobizhev Readings: Ethnic and Social Dimensions” Dedicated to the Memory of Leocadia Mikhailovna Drobizheva Pages: 16-26 DOI: 10.33693/2223-0092-2023-13-4-16-26 Issue №23217
National-State Identity in the Context of Global Confrontation: The Problem of the Stability of Social Systems
national-state identity spiritual values culture ideology global factors
Show more
13. MISCELLANIOUS Pages: 178-181 Issue №18017
System of methodological approaches in historical and pedagogical research
pedagogy history thinking science methodology
Show more
REGIONAL AND SECTORAL ECONOMICS Pages: 200-205 Issue №22019
European State Policy in Support of the Sustainable Development of the Arctic: Lessons for Russia
Arctic Arctic territories Arctic Council Arctic policy sustainable development
Show more
5. INTERNATIONAL LAW Pages: 182-186 Issue №20591
About the Theoretical and Methodological Foundations for the Formation of Compliance Competences in International Lawyers' Education
compliance compliance competence international law cross-border compliance anti-money laundering compliance
Show more
9. ECONOMICS AND NATIONAL ECONOMY MANAGEMENT, ENTREPRENEURSHIP, MARKETING, MANAGEMENT Pages: 126-129 Issue №2768
Organizational and methodological ensuring of ecological management as a factor of sustainable development
The system of environmental-economic accounting environmental management corporate social responsibility sustainable development strategic planning
Show more
PRIVATE LAW (CIVIL) Pages: 184-193 Issue №24449
Application of Artificial Methods of Reproduction in Russia and Ukraine: Comparative and Legal Analysis of Legislative Regulation
medical law comparative legal studies artificial reproduction assisted reproductive technologies ART in Russia
Show more
13. Philosophy of history and modern historical researches Pages: 136-139 Issue №11007
GOAL STATE - THE GOAL STATE IDEOLOGY IN THE HISTORY OF RUSSIA YESTERDAY, TODAY, TOMORROW
Outlook historical processes the state society interpretation
Show more
10. CRIMINAL LAW AND CRIMINOLOGY Pages: 139-142 Issue №10327
THE PROBLEMS OF COMPENSATION OF HARM, CAUSED BY ILLEGAL ACTIONS OF ORGANS CONDUCTING CRIMINAL PROCEEDINGS
harm disclaimer control human rights responsibility
Show more
13. WORLD AND REGIONAL ECONOMY Pages: 140-143 Issue №4029
DEVELOPMENT OF DIRECTIONS FOR THE ECONOMIC EFFECT AND QUALITATIVE IMPROVEMENTS IN THE STRUCTURE OF NATIONAL AND REGIONAL ECONOMIES
region development strategy modernization sustainable development
Show more
13. WORLD AND REGIONAL ECONOMY Pages: 144-146 Issue №4029
GENERATING CONDITIONS AND SOURCES OF ECONOMIC REVITALISATION AND GROWTH OF REGIONAL SOCIO-ECONOMIC POLICY
regional economy socio-economic policy sustainable development investment policy investment activity
Show more