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International Public Organisation Foundation for Research and Support of Indigenous Peoples of Crimea Nadir Bekir. Papers for the discussion International expert group meeting on the theme:Indigenous Children and Youth in Detention, Custody, Foster Care and AdoptionTseil-Waututh Nation Community Centre in North Vancouver, BC from 4 – 5 March 2010 08.02.2010

Nadir Bekir, President of the International Public Organisation Foundation for Research and Support of Indigenous Peoples of Crimea General considerations At the process of the preparations for the meeting I tried to collect the information about the situation at the region of Eastern Europe, Russia, Central Asia and Trans-Caucasia. So far as there is a lot of different Indigenous Peoples and their organizations who live and act in the region. My request directed to both associations and individual organizations of IPs mostly were faced with understanding but at the same time left without any positive response due to the total lack of information about the issue. One of the most dramatic for the IPs problems i.e. the situation of Indigenous Children captured by the State or on the behalf of the State is not transparent for IPs themselves. Despite the very wide variety of the cultural, ethnic, religious, social and way of life background of the IPs of the region so large as between the Caucasus’ mountaineers and reindeer herders of the Russian North, Crimean Tatars in Ukraine and Siberian Hunter Peoples nobody of them has more or less adequate data about their children under the State custody or control. For instance I would quote the answer of my partner for Khakassia Republic (Southern Siberia, Russia): “As for Indigenous children it is rather difficult to find any information. The officials don't want to give such an information. Sure, I could send the official request but they say they don't count the children if they are Indigenous or not. They refer to Russian laws that every person is equal”. At the same time practically all of them emphasize their deep concern for the State policy so far as on the range of the examples and not systematic overviews the IPs of the region make a conclusion that State policy in relation to Indigenous Children and Youth being in Detention, Custody, Foster Care and Adoption is differing at the frame of more or less spontaneous or intentional assimilation and degradation. That policy deforms the social perspective but first of all the Indigenous identity of the Indigenous Children and the Youth. I would illustrate this point with the disaster situation of Nenets and Dolgan Children in Taymyr (Russian Far North peninsula) Up to my source there are 10190 of Indigenous People in Taymyr for the 1st of January, 2009. Children are about 1/3 which means approximately 3060 of people. There are two basic State Institutions in Taymyr dealing with children living separately from the parents, which are child's house and boarding-schools. There are totally 704 children in boarding schools Indigenous children consists 95-100% of them and 60 at child’s house, where Indigenous ones consist 75%. In order to evaluate how these children are treated we should pay attention to the housing conditions, food, their education. The housing conditions may be understood if we see that at the space pre-conditioned for 579 people there live 764 people in boarding schools. 103 of children are orphans

• r have no parent’s care or every seventh one. Only 27 or ¼ of them have the pace to live after the

finishing of education and only 1 child (less than 1%!) has the house in a property! They are feed with the food prescribed by the Governmental norms which is not in accordance with the traditions and usual way of life of these people. So they do not use fresh local food but are made to bring it from the hundreds kilometers from the place of residence and of very bad quality. For these reasons the chronic gastric illnesses are typical for them. At the climate where -50 degrees on Celsius is an average the children have no warm clothes and even mittens. The average level of education is the 7th class of standard school. Those ones who try to study more in boarding-schools are classified as spongers because standard educational course does not teach the children skills which are necessary for their life at homeland as hunting and fishing or

• housekeeping. The consequent educational degradation of those children may be illustrated through

lowing of the number of the pupils in the senior classes 1st -4th - 203, 5th -8th 355, 9th - 72, 10th – 51,11th – 54 of people. Under the predict that there is not enough space at the child’s house the Ministry of the Education has decided to re-settle about 50 of children to the Southern Part of Krasnoyarskiy kray (region) of Russia that we may compare with the re-settlement from Vancouver to Mexico. In this case the children lost all their contacts with the relatives, natural and cultural environment. As one of the most tragic consequences of that situation is that Taymyr has become one of the leaders of children mortality in Russia. The absurdness of the situation is seen from the fact that two of the most powerful mining companies in Russia Norilskgazprom and Norilsknickel use the Taymyr’s land excavating the tons of nickel, copper, cobalt, platinum, gold etc. per year but without any benefits for the Indigenous Peoples and even children. The paradoxes of the situation consists of the State official position that State policy towards the Children and Youth is not and must not be selective in depend of the ethnic background of the people so State even “does not indicate, collect or use” the statistics about Indigenous Children and Youth “being similarly paternal for all Children and Youth in need”. But that approach allows to the State to escape any measures and responsibility for the preservation and promotion of Indigenous identity of Children and Youth held at the State’s control. As a consequence the lack of the verified data about Indigenous Children and Youth being in Detention, Custody, Foster Care and Adoption is not only a question of the theoretical discussion or scholar interest. This is one of the effective methods of manipulation with and annihilation of the Indigenous identity not only at the current situation but endangering in strategically perspective the survival of the Indigenous Peoples in principle. Legal context International aspect We have now two principal International Instruments to be applicable to the situation:

• 1. Convention on the Rights of the Child (Adopted and opened for signature, ratification and

accession by General Assembly resolution 44/25 of 20 November 1989, Entry into force 2 September 1990, in accordance with article 49),

• 2. United Nations Declaration on the Rights of Indigenous Peoples (Adopted by General

Assembly Resolution 61/295 on 13 September 2007), which are mostly referred to at the context of Indigenous Children and Youth. However I would propose the Convention on the Prevention and Punishment of the Crime of Genocide (Adopted by Resolution 260 (III) A of the U.N. General Assembly on 9 December 1948. Entry into force: 12 January 1951) because its definition contained at the point (e) of article II: In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: Forcibly transferring children of the group to another group sometimes completely reflects the State politics towards Indigenous Children and Youth. Domestic aspect (on the precedent of Ukraine) In this connection I would mention some legal acts of Ukraine related to the issue. On the Constitutional level Ukrainian State recognizes the very existence of Indigenous Peoples in Ukraine and even takes a responsibility for their being: “Article 11

The State promotes the consolidation and development of the Ukrainian nation, of its historical consciousness, traditions and culture, and also the development of the ethnic, cultural, linguistic and religious identity of all indigenous peoples and national minorities of Ukraine”. At the connection with other constitutional provisions it is seen that Indigenous Children and Youth’s needs must be included into the action of this article: Article 22 Human and citizens' rights and freedoms affirmed by this Constitution are not exhaustive. Constitutional rights and freedoms are guaranteed and shall not be abolished. The content and scope of existing rights and freedoms shall not be diminished in the adoption

• f new laws or in the amendment of laws that are in force.

Article 23 Every person has the right to free development of his or her personality if the rights and freedoms of other persons are not violated thereby, and has duties before the society in which the free and comprehensive development of his or her personality is ensured. Article 52 Children are equal in their rights regardless of their origin and whether they are born in or out

• f wedlock.

Any violence against a child, or his or her exploitation, shall be prosecuted by law. The maintenance and upbringing of orphans and children deprived of parental care is entrusted to the State”. But if we investigate the set of legal acts called upon to develop the constitutional guarantees and to realize it at per day practice we’ll see that there is nothing ensuring the Indigenous Identity of

• ur Children. The laws of Ukraine devoted to the regulation of the status and protection of the Child

(ren) do not include any provisions to be applicable for the situation of the Indigenous Children to have possibilities to preserve their Indigenous identity and not to be assimilated. For example we may take a basic Ukrainian Law On Protection of Childhood What we’ll we see? The Law defines protection of childhood in Ukraine as a strategic national priority and sets general grounds for state policy in this field with the purpose of ensuring the exercise of child's rights to life, healthcare, education, social security and comprehensive development. Article 1. Terms and definitions A child – a person below the age of 18 years (legal age) unless he or she is entitled to the legal age rights in accordance with applicable legislation. Childhood – period of a person’s development prior to reaching the legal age. Protection of childhood – system of state and public measures aimed at ensuring full life, comprehensive upbringing and development of a child and protection of his or her rights. An orphan child – a child whose parents are no longer alive. Children without parental care – children who are left without parental care due to termination

• f parental rights, withdrawal of children without termination of parental, declaring parents missing,

disable, or dead, serving sentence in the form of custody, custody during investigation, declaring wanted by the police due to evasion of alimony payments and lack of information on whereabouts,

lingering disease of parents that prevents them from performing their parental duties, as well as abandoned children, children whose parents are unknown, children rejected by their parents and homeless children. Homeless children – children who were abandoned by their parents, left families or child-care institutions themselves and have no certain place of residence. Foster family – family that voluntarily takes up to 4 children from institutions for orphans and children without parental care for upbringing. Family-type orphanage – separate family initiated by spouses or a single person that takes no less than 5 orphans and children without parental care for upbringing”. Even the principle of equality of the people in this context is turned into the principle of indifference or “nor paying attention” to the particular needs of Indigenous Child(ren): “Article 3. Key principles of protection of childhood Regardless of their race, skin color, sex, language, religion, political or other beliefs, national, ethnic or social origin, financial standing, state of health and childbirth, as well as their parents or any

• ther circumstances, all children on the territory of Ukraine shall have equal rights and freedoms

provided for by this Law and other laws of Ukraine”. It is very easy to notice that principles and approaches establishing equality among the children

• f domination population which , should be greeted at the same time are the mechanism of

assimilation and destruction of the Indigenous identity of Indigenous and Minority Child(ren) due to the lack at the law and administrative practice any provisions guaranteeing the preservation of their culture, religion, language, perception of the World, behaviour patterns, skills etc. the any elements of their Indigenousness. Even at the list of rights of the Child by the law we won’t see anything related to the special needs of Indigenous ones: “Article 6. Right to life and health care. Article 7. Right to name and citizenship. Article 8. Right to sufficient living standard. Article 9. Rights to free expression of opinion and obtaining information. Article 10. Right to protection from all forms of violence. Article 15. Right to contact with parents who reside separately. Article 16. Right to contact with parents, other family members and relatives who reside in

• ther countries”.

It looks like the closest right to what we need the Right for Education must be. However if we analyze it in the text of he law: Article 19. Right to education. The State shall guarantee accessible and free pre-school, complete secondary, vocational and higher education in state and communal educational facilities and the provision of state scholarships and privileges to students of these facilities in accordance with procedures established by the laws of Ukraine. The State ensures the right to choose an educational establishment and instruction in mother- tongue or learn mother-tongue in State and Community educational establishments”, we’ll see that this minimum (mother-tongue) in practice may be reached not in the closed State boarding-schools because neither Indigenous Community nor parents have an influence to them. The mother-tongue is inaccessible even at the common public State educational system. In Khakasia (Russia): “There is a special prison (colony) in Khakasia for underages. Also we have a special center for those who cannot be taken to the prison but their crimes are rather serious. Also there are some special orphan's schools where children live and learn. Sure the indigenous

children are not taught to know their traditions and language. I can say it without any authorities help. In Abakan, the center of Khakasia just in two schools there is a special class for indigenous children. And the Republican school and the schools in the places where indigenous live compactly they teach the children to read and write Khakas language”. In Taymyr (Russia): “After our longtime actions two first classes of primary school were

• pened since last year. There are 29 students there”

In Crimea (Ukraine): there are 378 Crimean Tatar Children at the boarding schools of different type in Crimea. In no one of them the language and culture of Crimean Tatars are taught. There is very remarkable provision at the Ukrainian Law on Protection of Childhood: “Article 20. Involvement into national and world culture”, where “national culture” means the standard culture of the country i.e. of dominating non-Indigenous population. Institutional basis and lack of Self-Government In Russia, Ukraine, Central Asian and Trans-Caucasian State unlike in Canada a lot of Indigenous Peoples has not officially recognised by the State their own Self-Government System as Tribal Governments. There are only so called National Republics subjects of Russian Federation. These Subjects despite they have the “national/ethnic” label in reality are the local territorial Self-Government. If occasionally at that territory Indigenous People is being still majority (which is very rare) there is some possibility to promote its traditional culture, language etc. However at the most of that kind of territories despite their Indigenous names (as Khakasia for example or Crimea originated from Indigenous “Kirim”) Indigenous Peoples are small minorities. So their influence to the managing of their own destiny is severely limited by the position of Central Government and even by whims of local non-Indigenous majority. Indigenous Peoples numerically compose a very small minority of the populations of the countries of the region. Another basic point is that neither Ukraine, nor Russia nor any other State of the Region recognizes that phenomena as a Indigenous Government or Self-Government of Indigenous

• Peoples. Any bodies of Indigenous Peoples of this region have to present themselves as a NGO or

business entity. By this way their opportunities for decision-making are rather limited and are a subject for Governmental regulations and intervention. Cultural and style-of-life preferences of non-Indigenous become the standard imposed to the Indigenous not only de-facto but de-jure as well via different “democratic” procedures. Public opinion still is very ignorant if not openly hostilely in relation to the Rights of Indigenous Peoples so we can not wait for the improvement of the situation without an effective participation of International institutions. Measures to be undertaken Collecting of data It looks as very desirable if Permanent Forum could work out and send to the States an official questionnaire to collect appropriate information about Indigenous Peoples of the region concerning not

• nly Children and Youth but basic facts generally.

There might be the following questions included:

• 1. Does the Constitution and other legislation of your country have provisions mentioning

Indigenous Peoples/Populations and what exactly?

• 2. Are there State/Government Programs promoting the Indigenous Peoples in the country?
• 3. Are there any institutions financed by the State directed to the protection and preservation
• f Indigenous Culture, Livelihood, Education, Self-Identity?
• 4. What measures are undertaken to preserve the Indigenous Identity of Indigenous Children

and Youth being in Detention, Custody, Foster Care and Adoption? Etc.

I propose to think and to elaborate this kind of questionnaire which should be sent to the missions of State-Parties of UN. There was very positive experience of that kind with the analogical questionnaire prepared by Mr. Asbjorn Eide member of former Sub-Commission

• n the Prevention of Discrimination and Protection of Minorities. I suppose that about 10-

20 different questions may be included which should play a role not only for the theme discussed but in more wide context for the evaluation of the policy at the frame of the Second World Decade IPs. The Indigenous NGOs should be asked to collect information by their own efforts as well on the basis of the questionnaire. The success is not guaranteed nevertheless the alternative Indigenous information might be rather useful. Using UN machinery The Permanent Forum via its Secretariat may apply to the Human Rights Council and Treaty Bodies in order they to include the range of the questions about the Indigenous Peoples situation (including legislation, practice, children, etc.) to be the part of the periodical reporting and overview

• n the country basis.

Expert mechanism on the Rights of Indigenous Peoples and UNESCO should be involved as well. Combination of Universal and Regional Approach Universal approaches and standards contained in UN Convention on the Rights of the Child, United Nations Declaration on the Rights of Indigenous Peoples, Convention on the Prevention and Punishment of the Crime of Genocide should be added with the regional instruments if even they are not based on the Indigenous Context directly (as European Framework Convention for the Protection of National Minorities for instance). Genocide policy concept Using of the concept of Genocide and Cultural Genocide (Ethnocide) as a methodology of investigation and evaluation of the situation of Indigenous Children and Youth as well as a State policy in this extend may be rather productive. Trainings for Indigenous Teachers (Educators), Women and Youth activists This is extremely important for the Region of Eastern Europe, Russia, Central Asia and Trans- Caucasus that the range of very practical trainings to be undertaken for the Indigenous Teachers (Educators), Women and Youth activists to be arranged in Russian. As for me the Indigenous Peoples

• f Americas and Asia have doubtless and definite advantage in comparison with them at field of using
• f International Law mechanisms etc. The most of literature and information sources are in English

while the most of the Indigenous Peoples of the region just do not know it. Experience sharing On the basis of information collected the special edition of the best practice and successful campaigning and strategies for Indigenous NGOs and activists may be issued. Encouraging and strengthening of Indigenous Self-Government and participation at decision-making process

Permanent Forum might issue a general recommendation on the basis of United Nations Declaration on the Rights of Indigenous Peoples that legislative and administrative measures to be realized by the UN Member States for the official establishing, recognition and realization of Indigenous Self-Government systems and bodies as obligatory partners for decision-making and implementation process on issues concerning Indigenous Peoples in their territories.