By Aleksandr Shapovalov  

The indigenous people of Russia are the most vulnerable segment of Russian society, appearing at the bottom of most socio-economic statistic charts. Title to land and natural resources is a prerequisite to sustainable development for the Russian indigenous peoples. However, current legislation adheres to the concept of terra nullius, where “backward” peoples’ rights to land is either not recognized or extinguished by establishing State ownership. This article recommends a gradual but persistent change in the policy toward indigenous peoples’ rights, conducted along the lines of the concept of indigenous neomodernism in order to ensure the sustainable development of these people. The first step to achieve this would be recognition by the Russian Federation of the existence of the ownership rights of obschini (“community”) of indigenous people (both those listed and not in the federal Unified List of Numerically Small Indigenous People of the Russian Federation) with exact boundaries of territories transferred to the groups defined through negotiation. Obschini should be granted full ownership rights to the lands and have the freedom to conduct traditional economic activities in these territories, including exploration of subsoil resources. The article first addresses these issues by questioning the legal definition of “indigenous people” and proposing a revision of it. The article then described the social and economic situation of indigenous people and the important of land for the people’s sustainable development as well as the inadequacy of current federal legislation, with special concentration on land regulation of indigenous claims to land. Finally, the article introduces the concept of indigenous neomodernism and the importance of incorporating this concept in Russian policy towards indigenous people’s land claims to ensure the sustainable development of the indigenous people of the Russian North.