Political act that opened the way for cooperation in the Arctic, USSR (Russia) and the Western states and the creation of so-called. Barents was the speech of General Secretary of the Communist Party of Misha Gorbachev October 1, 1987 in Murmansk. In it, namely, he said, "requires special attention to issues related to the interests of the indigenous people of the North, with its ethnic characteristics of the study, the development of cultural relations between the Nordic peoples."
So, for the first time in the modern era in the Arctic region from the question was raised about the modern inter-state cooperation in the dilemma of "indigenous peoples" in the Arctic. We note a terminological ambiguity in the speech of Mikhail Gorbachev, very appropriate for the whole era of perestroika and the so-called. "New thinking". On the one hand, his speech is usual for Russian law the concept of "northern peoples" (cf. "small peoples of the North"). And, on the other hand, innovation — "Indigenous population The North, "by which his audience in Murmansk, Russian people could perceive themselves. So, apparently, it happened, as this piece in the speech of General Secretary of the Communist Party, they broke off with applause. However, as shown by the subsequent steps of the first and the last president of the USSR , under the "indigenous population" all the same understood the old Russian "small peoples of the North."
Two years later, in 1989, the Soviet Union joined the ILO Convention number 107 on "Protection of indigenous and other populations, Tribal and Semi-style living, independent state." The concept of "indigenous people" was introduced in the Russian legal field. And it was used in the base document for the establishment of cross-border in the Barents region in 1993 — the "Declaration on Cooperation in the Barents Euro-Arctic Region" adopted by the Conference of Ministers of foreign affairs of the Russian Federation, Norway, Sweden, Finland, Denmark and Iceland in Kirkenes, January 11, 1993 Mr. . to the special section of the "indigenous population" betrothed Declaration, we read: "The parties reaffirmed their commitment to the rights of indigenous peoples of the North in accordance with the objectives set out in Section 26 of the Indigenous Agenda day or XXI century. They expressed their own commitment to strengthen the indigenous communities in the region and assured that the cooperation will begin to take into account the interests of the indigenous population. "
But if we turn to the unique text Kirkenes Declaration on cooperation in the Barents Euro-Arctic Region in the British language, in all cases, there is used the concept of "indigenous peoples", ie, "indigenous peoples." The partition, so called — "Indigenous peoples". We compare the text in a given piece of the British language: "The Participants concerned reaffirmed their commitment to the rights of their indigenous peoples in the North in keeping with the objectives set out in Chapter 26 on Indigenous People of Agenda 21. They stated their commitment to strengthen the indigenous communities of the Region, and to ensure that the cooperation now being initiated will take the interests of indigenous peoples into consideration ".
So Makarov, with the international legal point of view, the Russian side in the face of the then Minister of Foreign Affairs Andrei Kozyrev came from the interpretation of the term "indigenous people", given by the ILO Convention number 107 1957, G. (the "Convention on the Protection and Integration of Indigenous and other populations Tribal and Semi-style living, independent state "). A Western signers of the Declaration, namely the Norwegians, from the interpretation of the concept of "indigenous people"Number of ILO Conventions 169 (the" Convention Concerning Indigenous and Tribal Peoples lifestyle in independent states). Recall that in the latter case under the "indigenous people" refers to the descendants of those "who inhabited a country or a geographical region to which the country belongs, at the time of conquest or colonization or during the establishment of the existing municipal boundaries." (Click-through ILO number 169. Art. 1. § 1 b). Compared with that under the "indigenous population" in the USSR adopted the ILO Convention number 107 1957 г. understood only population, "Tribal or semi-tribal style of life" (Click-through ILO number 107. Art. 1. § 1 b).
So Makarov, there is mismatch of the concepts that has been admitted by the signatories to the "Declaration on cooperation in the Barents Euro-Arctic Region" section of the "indigenous population" / "indigenous people", which is unacceptable for international cooperation documents. Moreover, the Russian section of the text of the Declaration on "indigenous population" three times allowed the introduction of the concept of "indigenous people", in fact at that time had not passed in Russian legislation, and not adopted until now. Because illegal for Russian side looks obligation in this section of the Declaration, "to exchange information on current and upcoming legislation regulating the situation of indigenous peoples in their own countries."
So, the Minister of Foreign Affairs of the Russian Federation Andrei Kozyrev in these examples showed incompetence and made a fateful, uncharacteristic of the former Russian diplomacy era Gromyko, slips, bordering, in fact, an official with the crime. Coupled with that, you need to pay tribute to diplomatic dexterity Norwegian Prime Minister Thorvald Stoltenberg, who was able to involve Russia in the Barents region delicate for her, "the national question" in the Western game. As aptly saw one Russian diplomat skandinavist "Declaration on cooperation in the Barents Euro-Arctic Region, received the title of Kirkenes, has been recognized by leading politicians as art probable. "
International legal error, the consequences of which became apparent to us only in recent years has been fixed at the same time in Kirkinesse at the signing of the heads of the Arkhangelsk and Murmansk regions Protocol on the development of the Barents Regional Council. Together with them, the aforesaid document was signed by representatives of the Norwegian counties of Finnmark, Troms and Nordland, Finnish Lapland, Sweden Norrbotten. Complete failure of the heads of Russian diplomacy regions manifested in the fact that they have agreed to in this document to use even in the Russian translation concept "Indigenous people" — "to take into account the interests of indigenous peoples and ensure their active role in the multilateral development of the region." Moreover, they did not mind, except when the heads of the Norwegian, Finnish and Swedish regions, the marked document as a competent representative signed by the same representative of the so-called. Sami Parliament of Norway. This allowed the heads of Russian regions precedent giving rise to the possibility of a similar body of natives in the Russian Federation. Error sleeping on the incompetence of the heads of Russian regions in international affairs. But where at that time there were Russian diplomats? In 2010, in the M
urmansk region, and was created by the local "Sami Parliament." But the legal reason for its existence was given at the base of the Barents Region. Is not it?
So, officially announced programm of the Norwegian Barents region in Russia includes 5 directions. The direction of the third — "recognition of customary and cultural needs, values and interests of the indigenous peoples of the Arctic." But the key concept of "indigenous people"Legally means different things to the main participants" Barents cooperation. "From the perspective of the Norwegians," indigenous peoples "in Russian, as they say, Barents Region live in the conquered and colonized the area. They do not occupy a dominant, dependent and discriminated position. Indigenous people do not enjoy sufficiently their collective rights. This they need to promote. Following the publication of the UN Declaration on the Rights of Indigenous Peoples, adopted at the 107th plenary meeting of the UN General Assembly September 13, 2007, in addition to the Norwegians began to act on the basis of several other strategy, which was based on the premise that to overcome the "disadvantage" of indigenous peoples can only be by "restoring" them as "nations" — ie, coherent social systems that own earthy and self-sufficient resource base for its development and government institutions that make up the special national-territorial level of government, along with the federal and regional.
As for the Russian side, it is right time to the nearest responsible for determination of the concept of "indigenous", however, making it a completely different direction than the Norwegian. After just eleven months after the creation of the Barents region in the Russian Federation, the Constitution of 1993 in Article 69 there is the concept of "indigenous small people." The federal law "On the basis of the municipal regulation of social and economic development of the northern Russian Federation," dated June 19, 1996 (№ 78-FZ) is concept received the following explanation: "The indigenous peoples of the North a few — the people living in areas of habitual residence of their own Protz, preserving original way of life, numbering in Russia least 50 thousand people, and considered themselves separate ethnic communities." In the report "On the Principles of State Policy Russian Federation in the North," at a meeting of the Presidium of the Municipal Council of 28 April 2004 further formulated the concept of "indigenous inhabitants of the North," by which was meant "people born in the North and constantly living there for more than 1 — the second generation. " The discrepancy with the Norwegians in the interpretation of the concept of "indigenous people" was extended by the Government of the "Concept of Sustainable Development of the few indigenous peoples of the North, Siberia and the Far East Russian Federation" dated February 4, 2009 In the introduction was given his own Russian recognition of the main concepts of the subject of public policy, in particular, we note, and in the Barents region, "Russian Federation is one of the largest multicultural nations in the world, where more than 160 people, each of whom has unique features of the real and spiritual culture. overwhelming majority of people in the country for centuries developed as ethnic communities on the territory of Russia, and in this sense they are the indigenous peoples, who played a historic role in the formation of the Russian state. "
So Makar, planted at the base of the Barents region in its core document — the Declaration of the mismatch in the interpretation of the basic concepts in the field of cooperation on "indigenous populations" (Russian option) or "indigenous peoples" (Norwegian version) with the passage of time has not diminished, and even increased, becoming the legal basis for the conflict.