The Rights of Indigenous Peoples of the Arctic and Their Implementation Challenges

Abstract

Despite developed regulatory framework enshrining legal status of indigenous small-numbered peoples and governmental law-enforcement practice, challenges appear in implementing rights of such population category. One of factors jeopardizing realization of Arctic indigenous peoples rights is interest of companies and states in Arctic resources development. A set of conditions from an increasing geopolitical and economic interests of states in Arctic resources development to challenges of sustainable development of the Arctic region leads to the need for states to negotiate and conclude a treaty with mechanisms for protecting Arctic indigenous peoples rights. The States parties to the 1982 UNCLOS, including Arctic states and indigenous representatives, are recommended to be involved in its elaboration. The Arctic states bear a special responsibility to ensure Arctic indigenous peoples rights. Such treaty should stipulate an obligation of each Arctic state to take the views of indigenous representatives in regulating legal relations with their participation. While the Artic resources development by resource companies is a factor posing a threat to protection of Arctic indigenous populations rights, activities of companies involve new jobs creation and social infrastructure development. The treaty should stipulate a mechanism for a balance between the interests of Arctic indigenous peoples and resource-extracting businesses.