The Interplay of Russian Law, Indigenous People and the Oil and Gas Industry – A Need for Non-Governmental Regulation?

• Published in: The Yearbook of Polar Law Online
• Main Author: Pappila, Minna
• Format: Article in Journal/Newspaper
• Language: unknown
• Published: Brill 2014
• Subjects: Yearbook of Polar Law
• Online Access: http://dx.doi.org/10.1163/1876-8814_005; https://brill.com/view/journals/yplo/6/1/article-p120_5.xml; https://data.brill.com/files/journals/22116427_006_01_s005_text.pdf

This article scrutinizes how Russian legislation considers the rights of the indigenous peoples living in Russian oil production areas, and if there is a need for non-governmental certification standards in Russia. To do this, the Russian legislation has been compared with certain requirements of a new EO 100 TM Standard which seeks to regulate the social and environmental aspects of the oil and gas industry. The results of the study reveal that there are many aspects of indigenous peoples’ rights, such as access to information, possibilities for free, prior and informed consent, and the right to pursue traditional livelihoods, that Russian legislation does not adequately address. Since quick improvements in Russian legislation are unlikely, the use of an oil and gas certification system could help to improve the current situation in areas where the law does not safeguard the rights of indigenous peoples.