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Ethnological Expertise: Towards a Federal Law

Scholars Advocating for Indigenous Peoples' Rights

17 august 2023

Ethnological expertise is a scientific investigation into how changes in the original habitat of small-numbered peoples and the socio-cultural situation affect the development of an ethnic group. This definition is provided under Federal Law No. 82 ‘On Guarantees of the Rights of Indigenous Small-Numbered Peoples of the Russian Federation’ (1999). However, there is still no unified understanding within the scientific and business communities about how to implement this law and what rules must be followed to evaluate the impact of business on local residents' culture and social environment. Yet, the dynamic growth of the AZRF leads to the launch of a large number of new projects, inevitably altering the lives of entire Arctic populations. These drastic economic changes appear to have sparked a new round of debate expected to result in federal legislation that will finally clarify all ambiguities.

What does Ethnological Expertise Mean?

Nothing can be constructed without proper planning: several assessments must be conducted before initiating construction. For instance, before starting work, it is necessary to get an approval from archaeologists confirming that there are no cultural heritage sites at the location. Experts arrive, conduct a survey and if the future production site has never been inhabited, they give a permit. In case archaeological artifacts are discovered at the site of a future house, factory, road or any other structure, the client funding the construction covers the excavation costs. This is stipulated in Article 28 of Federal Law No. 73 ‘On Objects of Cultural Heritage of the Peoples of the Russian Federation’. Ethnological expertise involves a similar approach. Any business that will be established in areas inhabited by indigenous small-numbered peoples influences the lifestyle of the local population, inevitably impacting their culture.

Responsible mining companies typically provide compensation to indigenous minorities, assist in preserving traditional ways of life and foster cultural development. However, due to the absence of a universal regulatory system and standards (as in the case of the northern factory) each issue is addressed differently. Only a unified operator can standardise the system and ensure the work results are predictable and effective across the country.

As stated by Nikolay Doronin, Chairman of the Management Board of the Arctic Development Project Office, the rapid development of the Arctic urgently necessitates decisions in ethnological expertise.

Academic Debate on Regulations

The Republic of Sakha leads in developing and implementing legislation related to ethnological expertise. Yakutia enacted a regional law in 2010, and since then, 52 expeditions have been carried out. According to Dmitry Funk, Doctor of Historical Sciences and Head of the Institute of Ethnology and Anthropology of the Russian Academy of Sciences, this practice has enabled local inhabitants to receive payments compensating for the impact businesses have had on their lives and traditional customs. In his interview on the Institute of Ethnology and Anthropology of the Russian Academy of Sciences channel, Dmitry, along with many ethnologists, highlightes the need for uniform standards to evaluate the effectiveness of expertise and its outcomes. Dmitry believes that the current lack of a unified methodology results in significant variability in impact assessment outcomes, which does not always produce the desired results. Many specialists agree that the Yakut experience, being the most extensive in Russia, has laid a necessary foundation for further legislative development.

Currently, ethnological expertise is primarily conducted on request as a means to address pressing issues. For instance, in 2020, experts from the Arctic Development Project Office undertook an expedition aimed at assessing changes in natural resources affected by an oil spill following the destruction of tanks at the CHP-3 station of Norilsk-Taimyr Energy Company. Scientists investigated the state of water, soil and plants to determine which traditional natural resource uses were impacted by the environmental catastrophe. Their efforts resulted in a comprehensive support plan for the fisherpersons of Lake Pyasino and the Pyasino River, extending to the mouth of the Agapa River. The scientists were proposed one-time payments, grant assistance and promises of infrastructure development and job creation through local entrepreneurship with a focus on tourism.

There is an ongoing debate among scholars regarding the methodology, objectives, tasks and execution of ethnological expertise. Most specialists agree that there is a need for uniform rules, but the specifics are yet to be given. Nevertheless, all experts agree that this is rather an urgent matter.

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