Workshop 3: How can large-scale Northern Sea Route Navigation be made Compatible with International and Russian Standards for Environmental Protection and Protection of Local Indigenous Peoples?

Abstract

The question posed in workshop 3 assumes the existence of both international and Russian standards for protection of the environment and local indigenous peoples. Indeed, such standards exist. Numerous laws of the Russian Federation delineate both procedural and substantive requirements for activities affecting the homelands of indigenous peoples. These include, but are not limited to, the 1991 Law on Environmental Protection, the Land Code, various forestry acts, and the 1999 Law on Guarantees of Rights of indigenous minorities in the Russian Federation (adopted 30 April). The Constitution of the Russian Federation (Article 69) requires protection of indigenous minorities in accordance with the laws of the Russian Federation and with international law. Therefore, one may also look to treaties to which the Russian Federation is a party including the UN Covenant on Civil and Political Rights and the Convention on the Elimination of Racial Discrimination for authoritative requirements. One should look as well to the norms and standards expressed in other international agreements and documents, including Agenda 21, the International Labor Organization Convention No. 169 Concerning Traditional and Tribal Peoples, and various World Bank Operational Directives.