{"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}
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.
Polar JournalArts 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.