Russia, Commissioner on Human Rights

Russia, Commissioner on Human Rights

”Restoration of civil rights and freedoms on the territory of the Chechen Republic is a complex task for Russia and the whole European Community“
(Statement by the Commissioner on Human Rights in the Russian Federation)

Notwithstanding the encouraging statements of the authorities that the situation in the liberated areas of Chechnya is stabilizing, the actual circumstances still give cause for alarm. The problems that have a negative effect on the general human rights environment in the region and could potentially undermine the international authority and security of Russia and the whole European community still remain unsolved.

During the visits by the Federal Commissioner and members of his staff to Northern Caucasus hundreds of people in Ingushetia and the Chechen Republic presented complaints due to frustration and disastrous material circumstances. Tens of thousands of refugees, hiding from the war in tent camps, lack valid documents proving their identity, therefore formally their citizenship, which, in the conditions of a virtual state of emergency in the region, presents a serious limitation of their rights to travel, migration and job placement.

Numerous addresses by the people living in tent camps to the representatives of various delegations, demanding first of all their return to Grozny and other places of permanent residence in the territory of the Chechen Republic, supply of elementary needs in food, clothing and footwear, have not brought noticeable results. The number of forced migrants is not decreasing. They experience lack of heating, foodstuffs and medicines. Infectious diseases and common colds are spreading in all the centers where the forced migrants are being housed. Their dissatisfaction with the federal authorities, enhanced by the prolonged war and the deaths of relatives and acquaintances, is growing from day to day.

Notwithstanding all these problems that came to the fore as the result of the present conflict, one has to bear in mind that systematic violations of human rights in Chechnya have in fact been continuing for the past ten years. Under the Dudayev and Maskhadov regimes the people lacked jobs, the schools and hospitals were shut, the pensions and child support were not paid. The attempts to introduce the so-called “Islamic legislation” brought about grave mass violations of the rights to life and personal immunity that are universally recognized by the world community.

The war is fizzling out, the cessation of large-scale military activities is not far away. Russia faces the most complex and essential tasks of normalizing the day-to-day life in this federal subject. How to occupy 300 thousand men who are out of habit of work and do not know anything besides using their weapons? A whole generation is left illiterate as a result of the denial of its access to schools and institutions of higher education. Hundreds of thousands of peaceful citizens will for a long time be experiencing post-traumatic shock.

It becomes evident that with the ending of the anti-terrorist operation the “Chechen problem” cannot be settled finally. Russia is both geopolitically and geostrategically interested in a predictable Chechnya, in predictable actions of its future leadership. It is essential to use the real factors – the interest of the Chechens in preserving their ethnic identity, their national uniqueness. Even in the current circumstances the idea of national singularity cannot die. The Chechen people’s feeling of self-respect has to be restored; they must have the opportunity to sense the solidarity and support of the federal center and of all the regions of the country towards the cause of national rehabilitation and adaptation.

For the situation in Chechnya to change for the better a wise social and economic policy on behalf of the federal authorities is needed more than ever. The people must feel in practice that the federal authorities have come to reconstruct their homes, to compensate for the property lost, to organize the work of the enterprises, the schools, the hospitals, to pay out the pensions – in short, to do everything which is supposed by the philosophy and practice of human rights and fundamental freedoms. Only then will they believe that Russia desires peace and well being to this region of the country.

For the constitutional order to triumph over the territory of the long-suffering Chechen Republic and for human rights to be reliably protected there, a series of emergency extraordinary measures, supported by the international and European community, has to be carried out. The Council of Europe should not attempt to “isolate” or “punish” Russia. Instead, by using specific and purposeful help it should contribute to relieve the sufferings of people in the war-torn region, to perform the return to peaceful, stable and civilized life.

Today Europe faces its choice – whether to follow the way of re-creation of the “iron” and other curtains, or to make use of this historical chance and in close cooperation with the Russian authorities, without fear of the financial expenses, to make a practical contribution towards solving this complex humanitarian problem. Not only the situation in Chechnya and in Russia in general, but also the future shape of the relationships on the continent, the possibility of preserving and strengthening the climate of confidence between the Europeans, depends upon the choice that Europe makes today.

In my capacity as the Commissioner on Human Rights in the Russian Federation I express the hope that any decision by the esteemed Parliamentary Assembly will be based on the fundamental goals that were declared when our country was admitted to the Council of Europe – to spread the common standards of human and civil rights of liberties to Russia as part of Europe.

Ten principles of reinstatement of constitutional order, restoration of human rights and freedoms in the Chechen republic

Large-scale military actions are close to completion. Today the most important task is the transition from military means to political, the reinstatement of constitutional order in Chechnya, the creation of the conditions for the observance of fundamental civil and human rights and freedoms.
An important step towards normalizing the situation would be the introduction of direct presidential rule: the healthiest political forces in the Chechen Republic have already stressed the importance of such a measure. For this model to be implemented within the constitutional framework and for it to serve for reestablishment of structures and institutions of authority and administration, traditional for a federal subject, the prompt adoption of a new Law on the State of Emergency is essential.
The Federal center as well as the regions must make a direct contribution towards the stabilization and normalization of the situation. It is necessary to quickly get rid of the corrupt bureaucrats belonging to the federal and regional structures, those representatives of private business, who, while speaking of solving the problems of the Chechen Republic and the Chechen people, in reality are interested in conserving the current state of affairs, in prolonging and stagnating the armed conflict. The development of effective means and measures aimed at unblocking the “Chechen knot” depends on the people of Russia, their intellectual potential.
Prompt measures aimed at complete disarmament of the terrorists and militants should be instituted; amnesty should be extended for those of them who voluntarily lay down their arms. All the armaments should be at the disposal of federal forces and local militia or should be destroyed under the control of international observers.
Vigorous actions aimed the restoration of the economy of the Chechen Republic and assistance to the peaceful population in its creative efforts must be accompanied by measures directed towards the liquidation of corrupt enterprises operated by the Mafia. This will need oriented support from the subjects of the Russian Federation, the European and international community.
It is essential to guarantee and protect the rights of all without exception ethnic, religious and social groups of the population, to create the conditions for the realization of rights to national and confessional identity, for the restoration of national image and self-respect. This, and only this, will be the prerequisite for the recreation of durable systems of authority both at the republican and the local level.
All of the so-called “Islamic legislation”, which formed the foundation for the anti-popular terrorist regime, or which established discrimination on the basis of religion or political beliefs, should be revoked. Legal means should be imposed in order to put to an end to the criminal practice of taking hostages.
All the criminals and all of those who participated in the planning and carrying out of terrorist attacks should be arrested and brought before the court of law. Everyone hostile towards the causes of national restoration of the Chechen Republic as a subject of the Russian Federation should be relieved of important state and public posts.
Parallel to the recreation of the structures of local self-government, the courts and the law-enforcement bodies, the process of training and retraining of new national cadres, sharing the common civilized values of democratic society and human rights, should go on.
The realization of the tasks of reinstatement of the constitutional order, of restoration of human rights and freedoms in the Chechen Republic is impossible without effective participation in this process of the European and international community, of all the multilateral and non-governmental organizations that cherish humanitarian values.

Newsletter No. 21