Social-­economical problems of creating the territories of traditional land use

The termin "territory of traditional nature" (hereinafter --‐ TTP) used in the literature in sev--‐ eral senses. The most common use of it in a broad sense as a designation of geographical space, which is currently the process of traditional land. In this case, the actual use of the process serves as a criterion for determining the TTP.

After the adoption of the Federal Law № 49--‐FZ "On territories of traditional use of indige--‐ nous peoples of the North, Siberia and Far East of the Russian Federation" dated May 7, 2001 is a word more often used as a legal term. In this confusion, as actually used in the traditional land use area does not always have the appropriate official. The same term is often used in the historical sense, when we mean areas that are used for traditional land in the recent past and which, in principle, still be subject to the rules of the indigenous population.

Thus, the term TTP used in three different meanings: the actual TTP, which indigenous rights, as a rule, one way or another feature, but they do not have the status of TTP in accordance with the Federal Law № 49; the historical TTP --‐ the territories are not currently used in the tradi--‐ tional nature, but for which a restoration of the rights of indigenous people; the legal TTP, which indigenous rights formalized and which, according to the Federal Law number 49, shall have the status of TTP federal, regional or local importance.

At present, the Federal Law number 49 is not created any federal TTP. Modest results are also a TTP of regional importance. For example, in the Krasnoyarsk region formed only one TTP regional importance "Popigay" (based on the administration's decision to Taimyr (Dolgan--‐Nenets) Autono--‐ mous District on December 23, 2003 № 495). During the period of the TTP "Popigay" Dolgan, living and operating in its borders, have not granted a right to use land and other natural resources.

This is largely due to shortcomings of the Federal Law № 49 and other legal acts in the sphere of regulation of the traditional use of indigenous peoples. Federal law recognizes that in places of traditional residence and traditional nature should be established a special legal regime for the use of natural resources.

TTP is considered a form of protected areas relating to national ownership. They can not be the property of individuals and legal entities, which is quite obvious, since over 70% of such areas is on State Forest lands.

Many provisions of the Federal Law number 49 are not directly applicable. For their practi--‐ cal implementation in Article 11 provides for the development and approval of regulations (feder--‐ al, state and local), the legal regime governing the formation and use of TTP. But to date, the Gov--‐ ernment of the Russian situation was not developed and approved, it is the legal vacuum of the practical implementation of the law. In addition, certain provisions of the Federal Law № 49 (for example, "gratuitousness" use of land resources) contradict the Land Code of the Russian Federa--‐ tion. Also raised new legal and institutional conflicts in the application of the Forest Code of the Russian Federation and the Federal Law № 131--‐FZ "On General Principles of Local Self--‐ Government in the Russian Federation" dated 06 October 2003, in which part of the TTP in the settlements (Article 11, paragraph 3) relating to the indigenous peoples of the North, the Ministry of Regional Development.

Thus, to date, the relationship of indigenous natural resources on the territory occupied by the indigenous settled satisfactorily and fragmentary. In this regard, repeatedly attempts to make changes to the existing legislation. For example, proposed that the TTP out of the "protected are--‐ as".

RF Government ordered to date on February 4, 2009 № 132--‐p and approved the Concept of Sustainable Development of Indigenous Peoples of the North, Siberia and Far East of the Rus--‐ sian Federation. Of the document is that officially been recognized fundamental principles of sus--‐ tainable development of indigenous peoples, including: recognition of the right of indigenous people to priority access in the fishing areas and hunting grounds, to biological resources in their places of traditional residence and economic activity; need for the participation of indigenous peoples and organizations in decision making on matters that affect their rights and interests in the development of natural resources in places of traditional residence and economic activity need of cultural, environmental and social impacts of proposed projects and activities in the areas of traditional residence and traditional economic activities of indigenous people; Damage to native habitat, the traditional way of life and health of indigenous people.

The adoption of this concept allows us to hope that the existing problems of indigenous peoples in the exercise of their rights to conduct traditional activities in the territories of tradition--‐ al land will finally be resolved.

To achieve results in this area is necessary to solve the following problems: the developing clear criteria for determining the correct size (area) of the territory allocated and its location; the economic development of the concept and the program of development of traditional industries, based on the development of the existing structure of business units in the area and restore its lost elements. The main purpose of the program --‐ to create conditions for maximum employment of the indigenous population, environment and sustainable socio--‐economic development; the de--‐ velopment of the specific concepts and programs for sustainable cultural and ethno--‐demographic and environmental development of the indigenous ethnic groups, to restore an appropriate sys--‐ tem of marital relationship, health care, the revival of cultural and spiritual traditions and lan--‐ guage; the development of ecological concepts and programs for the use of resources of the area, ensuring their connection to the existing system of environmental measures and legislation development of the legal framework, which enshrines the status and control the nature of these areas.

Approach to setting boundaries, the nature of the use must comply with the following condi--‐ tions or criteria for selection, which can be formulated as: Criterion of "reasonable sufficiency" size of the territory, resource stocks on it, and so on to keep on this site, is the ecological balance of the normal components of the total feeding landscape. The most important condition for the fulfillment of this criterion is to conduct border TTP by natural geographic boundaries of the area (such as rivers, streams, watersheds, etc.); Test of "functional capacity" of the system of the tradi--‐ tional economy. Size of the area should optimally meet the needs of the existing types of tradi--‐ tional economic activities and have the required margin of safety with increasing loads on it, for example, because of population growth. Accordingly, in the taiga of Siberia and the Far East will be the size of the one in the forest--‐tundra --‐ the other, in the tundra and mountain tundra --‐ the third, increasing at prodvizhe--‐tion from south to north; Criterion of "reasonable independence" of the governance structures of the authorized government agency and business organizations. The best option here would be to create a coordinating body (Board of Control TTP) of representatives from local government, business organizations and the population (tribal communities) to coordinate their activities in the use and management of the territory and the Administration of the TTP, whose leader is appointed by agreement with the author--‐tained indigenous.

Emphasizing, above all, on the problems of revival of the traditional economy, national charac--‐ teristics and traditions, restore the ecological balance of the normal areas, can offer the following TTP implementation technology and determine its basic stages:

• a)    The conceptual stage – is the Identifying stakeholders, resources and constraints, diag--‐ nosis of key problems, to develop a common strategy, restoration priorities, the signing of the preliminary agreement;

• b)    The design stage --‐ is a comprehensive ecological and the socio--‐economic analysis of the key problems, search for and evaluation of alternative solutions, the definition of organ--‐ izational forms and mechanisms of interaction between the participants, harmonization with the specific contribution of each participant, the development of statutory and le--‐ gal documents, contracts, loan agreements;

• c)    Starting stage – is the establishment and registration of the new economic and social structures, the formation of the management structure, relocation funds and develop--‐ ment, supporting the creation of commercial and holding structures, the development of derelict land territory and its resources, search and testing of commercial relation--‐ ships to sell products of the traditional economy and recreational Development;

• d)    Stage of development – is the optimization of all components of the project, the for--‐ mation of long--‐term cultural, economic and commercial relations, the development of local government and social structures.

To justify the action program and its successful implementation is desirable to conduct a com--‐ prehensive study unit TTP, which is developed based on the interests of its members, available re--‐ sources, constraints, analysis of the problem situation, the priority objectives.

Given the specifics of the traditional way of life and economy of the North, the develop--‐ ment must be carried out in four working areas: the ethnic and demographic, resource, environ--‐ mental, financial, technical, economic, cultural and historical. The scope of work in each area is determined in accordance with their priorities.

Ethno--‐demographic direction includes: analysis of the characteristics of the ethnic compo--‐ sition of the population (the collective enterprise, the villagers, etc.), the motivations of its eco--‐ nomic behavior, lifestyle factors associated with the traditional economic cycle; the assess the lev--‐ el of life of the indigenous population and the role of traditional industries in his livelihood; the analysis of provision of working population with jobs; the assessment of the degree of social ten--‐ sion and recommendations to prevent possible conflicts in the traditional economy.

Materials used: the first information about the population census data, assembly records reg--‐ istrar, results of sample surveys and sociological surveys.

Resource and ecological direction includes: a quantitative and qualitative assessment of land and biological resources of deer and game industries, as well as other complementary set of economic activities (agriculture, forestry, recreation, etc.); forecast possible volumes of resource use with the possibility of developing new lands and resources; Justification of measures to im--‐ plement the schemes of traditional natural resources and protection of the resources.

Materials used: land use information, Hunting--‐, fishery and forest services, reporting mate--‐ rials herding, fishing enterprises and procurement organizations of past years (especially report--‐ ing of production units), and expert questionnaire information obtained from experts and expe--‐ rienced workers.

In the economic area, the focus be given to the available financial, material and technical base and the possible introduction of efficient technologies (both new and traditional). In line with the objectives of the project, financial and physical infrastructure is assessed in relation to the planned areas of the development of production and the reorganization of the economic struc--‐ tures.

The materials used are: industrial and financial reporting, technology standards, technical--‐ economic documentation for technology to be implementation. If necessary, there are special technical and economic calculations (with the help of local experts).

Cultural and historical trends include: registration in the territory of the archaeological and natural sites, historical and sacred sites, to determine the state of their safety and the cost of re--‐ habilitation and maintenance; census records and local residents --‐ is being lost carrier elements of national culture, folklore, language, etc.; Assessment of the cultural and historical sites and pro--‐ grams for their use and conservation.

The sources include: local museums collections, library and archive data, the results of the special field of archaeological and ethnographic research.

For the fast and non conflict solving of the problem, the identification of interested individ--‐ uals and organizations, and develop effective procedures agreed--‐tion of their interests.

The result is a comprehensive study compiling the necessary maps and charts with infor--‐ mation justifying the proposal for the establishment of borders, the use of resources and the de--‐ velopment of the territory. The results of this study can be optimized in a standard design unit TTP. At the same time, the project may be the main working document describing the nature of the use and development of TTP. Thus, the creation of the TTP in the Enlarged intensive develop--‐ ment of resources in the North is, in fact, the only possible way to protect and preserve indigenous people.

This work was supported by the Krasnoyarsk Regional Fund for support of science and and technology activities, and the Federal Target Program "Scientific and pedagogical personnel of in--‐ novative Russia" for 2009--‐2013.