Abstract
On the basis of comparative law, this paper analyzes the issues of national minorities in three BRICS member-states (Brazil, India and Russia), and considers the directions and trends of the constitutionalization of national minority rights in these states. The authors argue that the coordination of the interests of industrial companies, regional communities and national minorities, alongside the establishment of common standards between BRICS are vital in order to ensure the sustainable growth of the economies of its member-states. The main comparison criteria are as follows: the understanding of the term “national minority” in different jurisdictions; the delimitation of powers of federative and regional authorities; a list of national minority rights; and instruments of representation and legal protection of national minorities. In regards to Brazil, this article focuses on the impact of the historic concept of racial democracy on contemporary policy on the issues of national minorities. For India the focus is on case law of the Supreme Court on minority issues, and for Russia the focus is on the protection of indigenous “small-numbered” peoples. The authors conclude that the direction of the constitutionalization of national minority rights differs dramatically in Brazil, India and Russia. Therefore, it is necessary to provide a common understanding of the purpose of such constitutionalization, which is namely, to preserve the identity of such minorities in the process of their gradual involvement in modern economic structures and national processes.
Highlights
On the basis of comparative law, this paper analyzes the issues of national minorities in three BRICS member-states (Brazil, India and Russia), and considers the directions and trends of the constitutionalization of national minority rights in these states
The authors argue that the coordination of the interests of industrial companies, regional communities and national minorities, alongside the establishment of common standards between BRICS are vital in order to ensure the sustainable growth of the economies of its member-states
Since one of the tasks of the BRICS is to ensure the sustainable growth of the economies of its member-states,1 the coordination of the interests of industrial companies, regional communities and national minorities has become an urgent request of national policy
Summary
From 500-Year Legacy of Slavery to Democratic Approaches to National Minorities Protection in a “Post-Racial” Age. Brazilian policy on the issues of national minorities is based on implemented international acts, the Constitution, several laws, presidential decrees, and acts of the states of Brazil. Presidential Decree No 6.040 of 2007 defines the principles and objectives of the national policy for sustainable development of traditional peoples and communities This policy is based on the following principles: respect for the socio-environmental and cultural diversity of traditional peoples; the visibility of traditional peoples; food and nutrition security as a right of traditional peoples; sustainable development; the socio-environmental, economic and cultural plurality of traditional peoples; the broad participation of civil society in the elaboration, monitoring and implementation of this policy; the recognition and consolidation of the rights of traditional peoples and communities; the promotion of the means necessary for the effective participation of traditional peoples in decision-making processes related to their rights; the eradication of all forms of discrimination the preservation of cultural rights; the exercise of community practices; cultural memory and racial and ethnic identity.. Of state strategy to avoid structural discrimination and racial subordination, and to challenge the post-racial ideologies
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