土著居民,但未被承认。伊兹玛科米人的法律现实

IF 0.8 Q2 AREA STUDIES
K. Sikora
{"title":"土著居民,但未被承认。伊兹玛科米人的法律现实","authors":"K. Sikora","doi":"10.1080/2154896X.2022.2137092","DOIUrl":null,"url":null,"abstract":"ABSTRACT The Russian Federation defines indigeneity narrowly. Under Russian law, only those groups that inhabit the territories of the North, Siberia and the Far East, comprise fewer than 50,000 people, maintain a traditional, nature-based way of life, and self-identify as a separate ethnic group can be recognised as so-called small-numbered indigenous peoples (KMNS). As a result, several de-facto indigenous groups cannot obtain the status of KMNS and benefit from related rights. There are also peoples that, despite fulfilling the Russian criteria of indigeneity, still fail to be recognised as KMNS. Russian legislation nevertheless does provide certain rights for some non-KMNS groups. This article is based on a literature review and fieldwork research among one such non-recognised community, the Izhma people, who belong to the wider Komi group. It asks what legitimate rights the Izhma Komi possess as an indigenous group and how these are exercised on the ground. In doing so, this article provides new knowledge that reduces confusion among scholars and practitioners regarding Izhma Komi legal and factual positions. The paper focuses specifically on legislation that covers the traditional economic activities of reindeer herding, fishing, and hunting, as embodied in both federal and republic regulations, to demonstrate the interplay between written laws and their non-coherent implementation on the ground.","PeriodicalId":52117,"journal":{"name":"Polar Journal","volume":"12 1","pages":"343 - 362"},"PeriodicalIF":0.8000,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Indigenous yet unrecognised. The legal reality of the Izhma Komi people\",\"authors\":\"K. Sikora\",\"doi\":\"10.1080/2154896X.2022.2137092\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT The Russian Federation defines indigeneity narrowly. Under Russian law, only those groups that inhabit the territories of the North, Siberia and the Far East, comprise fewer than 50,000 people, maintain a traditional, nature-based way of life, and self-identify as a separate ethnic group can be recognised as so-called small-numbered indigenous peoples (KMNS). As a result, several de-facto indigenous groups cannot obtain the status of KMNS and benefit from related rights. There are also peoples that, despite fulfilling the Russian criteria of indigeneity, still fail to be recognised as KMNS. Russian legislation nevertheless does provide certain rights for some non-KMNS groups. This article is based on a literature review and fieldwork research among one such non-recognised community, the Izhma people, who belong to the wider Komi group. It asks what legitimate rights the Izhma Komi possess as an indigenous group and how these are exercised on the ground. In doing so, this article provides new knowledge that reduces confusion among scholars and practitioners regarding Izhma Komi legal and factual positions. The paper focuses specifically on legislation that covers the traditional economic activities of reindeer herding, fishing, and hunting, as embodied in both federal and republic regulations, to demonstrate the interplay between written laws and their non-coherent implementation on the ground.\",\"PeriodicalId\":52117,\"journal\":{\"name\":\"Polar Journal\",\"volume\":\"12 1\",\"pages\":\"343 - 362\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2022-07-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Polar Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/2154896X.2022.2137092\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"AREA STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Polar Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/2154896X.2022.2137092","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"AREA STUDIES","Score":null,"Total":0}
引用次数: 0

摘要

摘要俄罗斯联邦对贫困的定义很狭隘。根据俄罗斯法律,只有居住在北方、西伯利亚和远东地区、人口少于50000人、保持传统的、以自然为基础的生活方式并自我认同为一个独立民族的群体才能被承认为所谓的少数民族。因此,一些事实上的土著群体无法获得KMNS的地位,也无法享受相关权利。还有一些民族,尽管符合俄罗斯的土著标准,但仍然没有被承认为KMNS。然而,俄罗斯立法确实为一些非KMNS团体提供了某些权利。这篇文章是基于一篇文献综述和对一个未被认可的社区Izhma人的实地调查研究,他们属于更广泛的Komi群体。它询问Izhma Komi作为一个土著群体拥有哪些合法权利,以及这些权利是如何在当地行使的。通过这样做,本文提供了新的知识,减少了学者和从业者对Izhma Komi法律和事实立场的困惑。该文件特别侧重于涵盖联邦和共和国法规中所体现的驯鹿放牧、捕鱼和狩猎等传统经济活动的立法,以表明成文法与其在当地的不一致执行之间的相互作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Indigenous yet unrecognised. The legal reality of the Izhma Komi people
ABSTRACT The Russian Federation defines indigeneity narrowly. Under Russian law, only those groups that inhabit the territories of the North, Siberia and the Far East, comprise fewer than 50,000 people, maintain a traditional, nature-based way of life, and self-identify as a separate ethnic group can be recognised as so-called small-numbered indigenous peoples (KMNS). As a result, several de-facto indigenous groups cannot obtain the status of KMNS and benefit from related rights. There are also peoples that, despite fulfilling the Russian criteria of indigeneity, still fail to be recognised as KMNS. Russian legislation nevertheless does provide certain rights for some non-KMNS groups. This article is based on a literature review and fieldwork research among one such non-recognised community, the Izhma people, who belong to the wider Komi group. It asks what legitimate rights the Izhma Komi possess as an indigenous group and how these are exercised on the ground. In doing so, this article provides new knowledge that reduces confusion among scholars and practitioners regarding Izhma Komi legal and factual positions. The paper focuses specifically on legislation that covers the traditional economic activities of reindeer herding, fishing, and hunting, as embodied in both federal and republic regulations, to demonstrate the interplay between written laws and their non-coherent implementation on the ground.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
Polar Journal
Polar Journal Arts and Humanities-Arts and Humanities (all)
CiteScore
2.80
自引率
0.00%
发文量
27
期刊介绍: Antarctica and the Arctic are of crucial importance to global security. Their governance and the patterns of human interactions there are increasingly contentious; mining, tourism, bioprospecting, and fishing are but a few of the many issues of contention, while environmental concerns such as melting ice sheets have a global impact. The Polar Journal is a forum for the scholarly discussion of polar issues from a social science and humanities perspective and brings together the considerable number of specialists and policy makers working on these crucial regions across multiple disciplines. The journal welcomes papers on polar affairs from all fields of the social sciences and the humanities and is especially interested in publishing policy-relevant research. Each issue of the journal either features articles from different disciplines on polar affairs or is a topical theme from a range of scholarly approaches. Topics include: • Polar governance and policy • Polar history, heritage, and culture • Polar economics • Polar politics • Music, art, and literature of the polar regions • Polar tourism • Polar geography and geopolitics • Polar psychology • Polar archaeology Manuscript types accepted: • Regular articles • Research reports • Opinion pieces • Book Reviews • Conference Reports.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信