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
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:
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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.
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.
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