Explanatory Note to the Concept
of the National Policy of Ukraine in Relation
to Indigenous Peoples

1. General Provisions

1a. To define the notion of “indigenous peoples” in the context of ethno-demographic and ethno-political situation in Ukraine, the definitions were used which are to be found in Article 1 (b) of the ILO Convention No 169, the Draft Declaration on Indigenous Rights by the UN Working Group on Indigenous Populations, the research "Study of the Problem of Discrimination against Indigenous Populations" by the UN Special Rapporteur D. Martinetz-Cobo (UN Doc. E/CN.4/Sub.2/1986/7 and Appendices 1-4), the World Bank's paper "Indigenous peoples" (1991), other international instruments and commentaries on them.

1b. The term 'indigenous peoples' as being used by mass media, is often perceived by public consciousness not in its accurate juridical meaning, but as a synonym of the term “autochthonous”. One can therefore often read or hear the idea that in Ukraine exist two indigenous peoples - the Ukrainian and the Crimean Tatar. However, from the moment of proclaiming the state independence of Ukraine, the Ukrainian people has acquired a status of the “titular” (statebuilding) nation, which is reflected in the name of the country itself, the latter being established by means of exercising by the Ukrainian people the right for self-determination. At the same time, contemporary international instruments with respect to indigenous peoples sometimes define the latter as the so called “ nations without states”, i.e. distinct ethnic groups which have not their own national states, and which live on the territories of established independent states. These states therefore assume additional responsibility to guarantee the rights and further development of indigenous populations usually culturally distinct of a majority of population of a given state. Thus, a modern tendency to provide indigenous peoples with the status other than that of national minorities may be deemed as the compensation to some extent for the absence of their own statehood. Processes of legislative confirmation of the status of indigenous peoples, and signing international documents on the rights of indigenous peoples are instruments of relaxing inter-ethnic tensions, promoting stability and security, preventing separatism.

IV. Indigenous peoples and the problem of repatriation of the deported Crimean Tatar people

4a. Problems of the deported peoples of the former Soviet Union were considered in great detail at the special seminar of the UNHCR experts, which took place on February 23, 1996 in Geneva. Participants of the seminar have agreed upon the need in view of practical resolving the problems of repatriation of the formerly deported peoples to narrow the notion 'deported peoples' to such peoples which were subjected to total, en mass deportation. It was emphasised that this definition concerns only those whole nations which had been forcibly displaced from the territories of their traditional residence, and which still have problems with return and accommodation. In accordance with the conclusion made by the UN experts, such peoples in the CIS countries are the Crimean Tatars and the Meskhetians. Since the Meskhetians (Meskhetian Turks) were deported from the territory of Georgia, it follows that in Ukraine there is only one deported people - the Crimean Tatars. Specifics of the situation and the urgency to improve legislation concerning the rights of Crimean Tatars thus relates to the fact that this 'indigenous people' is at the same time the 'deported people'. Both considerations should be taken into account when drawing up a strategy of the national policy of Ukraine, and planning the concrete measures aimed at restoration and ensurance of the rights of Crimean Tatar people.

4b. It needs mentioning that at the above mentioned seminar of the UNHCR experts the issue of 'Soviet Germans', including those having been deported from the Crimea, was discussed independently (see Sections 8.2 and 8.3. of the Report on the UNHCR seminar with regard to the formerly deported (forcibly displaced) peoples in the CIS countries, Geneva, February 23, 1996). It has been noted that though these groups should be included into the category of the 'formerly deported populations', their real situation and general aims after the rehabilitation substantially differ from the problems Crimean Tatars and the Meskhetians are still facing. This specificity can be explained by the participation of such a powerful state as is Germany, in solving their problems, as well as by the intention of a great number of the ethnic Germans to emigrate to Germany.

(This conclusion once more underlines the difference between the Germans as the national minority, for which one of the possible ways of resolving their own problems is the emigration from Ukraine to the ethnic “kin-state”, and indigenous peoples, which do not have such a possibility. In contrast to the national minorities, further destiny of the indigenous peoples depends mainly on positions and political will of the governments of states on which territories they permanently live, (or wish to return to), and to a certain extent - on the activity of international - intergovernmental and non-governmental -organisations).

4c. Raising the question of the need for the compensation (reparation) to the victims of mass violations of human rights by the former regime, the authors of the Concept proceed from the assumption on 'efficient restoration of rights' contained in a number of both universal and regional instruments related to human rights (Article 8 of the Universal Declaration of Human Rights, Article 2(3)-a of the International Covenant on Civil and Political Rights, Article 7 of the Declaration on Elimination of All Forms of Racial Discrimination etc.)

Since the problems of the indigenous people of Crimea are substantially complicated by the former mass deportation and difficulties of the process of repatriation, the national policy of Ukraine should take into account such norms of the international law as "fair and adequate reimbursement or satisfaction for any damages or losses sustained' (Article 8 of the Declaration on Elimination of All Forms of Racial Discrimination), on compensation in money under appropriate guarantees, on full compensation for any loss or injury (Article 15(2), 16 (4), 16(5) of the Convention No 169 of the International Labour Organization). In the subsequent laws of Ukraine, provisions should be included on the reimbursement, to the greatest extent possible, of losses sustained by the deportees as victims of mass violations - crimes of the former regime.

Kyiv, October 1996-May 1997