Oil, gas, and indigenous people: who will write rules?
Doctor of Historical Sciences, N.N. Miklukho-Maklai Institute of Ethnology and Anthropology of RAS Moscow, Russia [email protected]
Abstract. Article is devoted to the analysis of legal regulation of interaction of indigenous people and the industrial companies and practical application of the international principle of a free,prior and informed consent of indigenous people on the decisions infringing on them on interests and opportunities of social dialogue of business and indigenous people in Russia. In article the legal grounds of application of this principle which are contained in the Constitution of the Russian Federation, the Land Сode, Federal Law "On Guarantees of the Rights of Indigenous Small-Numbered Peoples of the Russian Federation", and also in legal documents of Khanty-Mansiysk Autonomous Okrug – Yugra and Yamalo-Nenets Autonomous Okrug are considered. The special attention is paid to documents of municipalities. On the basis of the international and national standards of social corporate responsibility of business in Russia is analyzed. Not only laws, but also corporate culture’s regulation of industrial companies and a customarylaw of indigenous people are considered by the bases for social dialogue ofbusiness and indigenous people of the North. Article is written on the basis of the field materials collected in the Khanty-Mansiysk Autonomous Okrug – Yugra and Yamal-Nenets Autonomous Okrug among indigenous ethnic groups and in the industrial companies and also the analysis of international law and the federal, regional legislation and municipal documents in the Russian Federation.
Key words: indigenous people, Khanty-Mansiysk Autonomous Okrug – Yugra and Yamal-Nenets Autonomous Okrug, industrial companies, international law, legislation, ethnological expert assessment, corporate social responsibility, corporate documents of the industrial companies, customary law.