NOMADIC PEOPLES AND INTERNATIONAL LAW: FRAMING THE ISSUE

The evolution of the international legal status of nomads and the contemporary problems they face illustrate the discriminatory nature of international law. This feature of international law manifests itself on two levels: instrumental (international law has been and continues to be used to enslave non-Western societies) and structural (the categories of international law generalize the historical experience of Western civilization and do not take into account political phenomena inherent in non-Western societies). This does not necessarily lead to the conclusion that international law should be rejected; it is possible that international law has indeed fulfilled its civilizational mission; moreover, there may be a potential for its improvement and adaptation to non  Western societies. With regard to nomadic peoples, this adaptation can be achieved by developing flexible instruments that ensure the preservation of the cultural identity of nomads, their political autonomy, their right to cross-border movement, their right to use their ancestral lands (including in the form of usufruct), etc. Some efforts in this direction are already being made at the universal, regional and national levels. These efforts, however, are insufficient in the sense that they are hardly capable of reversing the processes of sedentarization and marginalization of nomads. In this regard, the main problem facing nomadic culture is not discrimination under international law, but the incompatibility of this culture with the industrial economy, the principle of sustainable development and the environmental agenda.