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- Frontiers of freedom: a key law for the indigenous peoples of Russia has been adopted
Frontiers of freedom: a key law for the indigenous peoples of Russia has been adopted
The State Duma has approved a law giving the government of the Russian Federation the right to appoint a federal executive body that will develop rules for the registration of citizens leading a nomadic lifestyle. This will allow indigenous peoples such as the Nenets, Chukchi, Evenks, Aleuts and Yukaghirs to avoid restrictions due to the lack of permanent registration. The innovation will facilitate access to medical services, benefits, employment and other social benefits. Experts draw attention to the problems that representatives of small indigenous peoples of the Russian Federation still face today. Details can be found in the Izvestia article.
New opportunities for nomads
The State Duma has approved a document authorizing the Government of the Russian Federation to determine the federal executive authority responsible for establishing the registration procedure for citizens leading a nomadic and semi-nomadic lifestyle.
In the near future, the federal executive authority may become authorized to develop rules for the registration of nomads, taking into account their traditional way of life and the specifics of economic activity. This approach will help people avoid the problems associated with the lack of permanent registration, and will provide them with access to benefits, benefits, pensions, medical services, loans, weapons, employment, and registration.
Alexander Novyukhov, Senator and president of the Association of Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation, noted that the new mechanism would allow nomads to obtain the necessary certificates and maintain the mobility of public services.
— Now each region where citizens who lead a nomadic or semi-nomadic lifestyle live independently decides on their registration. For example, in the Yamalo-Nenets Autonomous District, there is a special interdepartmental commission that visits a citizen's place of residence and confirms the fact that he leads a nomadic lifestyle," the politician said.
Anatoly Sleptsov, President of the Association of the Even People of Russia, Head of the Department of Arctic Law and the Law of the Asia-Pacific Countries at the Law Faculty of the Northeastern Federal University named after M.K. Ammosov, explained that the bill makes registration even more transparent.
— It turns out that the lack of registration at the place of residence is an offense today and restricts access to social services. The new document on the nomadic lifestyle will become an official confirmation for obtaining all rights," he said.
Grigory Ledkov, ex-senator and former president of the Association of Indigenous Peoples of the North, Siberia and the Far East, notes that the most important thing now is to ensure that nomads remain connected to their ancestral habitats in this procedure. After all, we are talking mainly about Arctic reindeer husbandry, where families have been following established routes for centuries, the expert of Nenets origin emphasized.
"Modern legislative initiatives on nomadic and semi—nomadic lifestyles should take into account historical norms in order not to destroy the established way of life and ensure consistent complementary regulation," says Ledkov. — The state accounting system, formed over 13 years, has started to work fully, and people are gradually getting used to it. It is important that the new norms do not contradict the existing ones, but complement them harmoniously.
The essence of the problem
The essence of the problem lies in the fact that nomadic peoples do not actually have a fixed place of residence, and nomadic routes run within certain municipalities, said Nikolai Kharitonov, chairman of the State Duma Committee for the Development of the Far East and the Arctic.
— The bill is aimed at eliminating systemic legal uncertainty, which for many years has hindered the realization of the rights of indigenous small—numbered peoples leading a nomadic or semi-nomadic lifestyle, - says the parliamentarian. — Today, registration at the place of residence for such citizens is possible only if there is a document confirming their traditional way of life, however, the current legislation does not specify which federal body is authorized to approve the procedure for issuing such a document.
Because of this, he said, there is a practice in the regions where municipalities are forced to act at their own discretion, using different, sometimes contradictory procedures. Due to the lack of an approved procedure at the federal level, such documents were processed differently, which created obstacles for citizens and increased the risk of registration refusals, Kharitonov stressed.
At the same time, the Legislative Assembly of the Yamalo-Nenets Autonomous District notes the progressive development of digitalization. For example, starting in 2021, Yamal nomads can confirm their status in a traditional way of life through the Gosuslugi portal by receiving an appropriate electronic certificate. This greatly simplifies the procedure for people in remote areas.
Izvestia sent a request to the Federal Agency for Ethnic Affairs (FADN of Russia), but at the time of publication there was no response.
Problems with registration and benefits
At the same time, the innovation is perceived by experts in different ways. Alexander Veprev, Chairman of the Board of the Sitok community, notes the problems that still remain unresolved.
— Unfortunately, it will not get easier yet in the absence of communication and stable infrastructure, when even the MFC refuses to provide services. Social benefits are always linked to the municipality, and access is significantly limited without registration in a specific location," he stated.
Lyudmila Alferova, Commissioner for the Rights of Small Indigenous Peoples in the Khanty-Mansiysk Autonomous Okrug — Yugra, also testifies to the existing problems with the registration of state guarantees.
"Today, there are issues such as, for example, registration in a locality not included in the 631 decree of the Russian Federation, which complicates the registration of a social pension," she notes.
According to the expert, in fact, indigenous people permanently reside in territories of traditional nature use, often in an inter-settlement area, and a residence permit is linked to a nearby locality that is not included in the list of compact settlements of indigenous small peoples (KMNS), in connection with which citizens are refused on a formal basis.
— The new bill will streamline the process of legalizing places of traditional residence and will be able to help officials explain what yurts, territories of traditional nature use, and land are, — the Ombudsman noted.
At the same time, the risk of unnecessary bureaucracy still exists, but the goal is to systematize registration practices based on many years of experience, which will make the process easier and more accessible.
Challenges and proposals at the federal level
Maxim Dankin, Director of the Arctic Development Project Office, explains the nuances and context of the proposed initiative.
— Nomads have always had the right to register, but today the number of families without permanent housing is decreasing due to regional support. It is clear that the right to social security is guaranteed to all citizens, but the lifestyle creates objective difficulties in accessing services, especially in medicine and education. "Nomadic schools" projects are being implemented for children, and medical care requires field examinations and air ambulance," the specialist points out.
Yeiko Bogdanov, an associate researcher at the Institute of Ethnology and Anthropology of the Russian Academy of Sciences, draws attention to modern realities. As the expert notes, for example, the Nenets traditionally lead a nomadic lifestyle, but many already live in towns and cities. Thus, the main problem is the distance to getting the documents, not the lack of a residence permit.
Aslan Abashidze, director of the RUDN Law Institute, in turn, links the law with international law.
— According to Russian and international legislation, small indigenous peoples today belong to vulnerable groups in need of special protection and equal rights. Therefore, the draft law is a progressive step to ensure the economic, social and cultural rights of the indigenous peoples of the Russian Federation. Well, the technical issues of the bureaucracy are solved with the help of digital technologies and monitoring, — concludes the interlocutor of Izvestia.
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