Posts Tagged ‘Constitution of Russia’

Putin’s new constitution would undo exactly the provisions that allowed Russia to join Council of Europe

March 24, 2020

reported on 23 March 2020 in the Eurasia Review that Adel Bashqawi, a Circassian human rights defender, has pointed out something that most have lost sight of: Vladimir Putin – by amending the Russian constitution as he proposes to do – is eliminating the provisions which allowed Russia to join the Council of Europe in 1994.

The full text of Bashqawi’s open appeal is given below:

In 1993, the Constitution of the Russian Federation was adopted, recognized by the Venice Commission of the Council of Europe in 1994 as conforming to the principles of a democratic state governed by the rule of law. This conclusion was one of the grounds for Russia’s admission to the Council of Europe.

In January-March 2020, Russian President Vladimir Putin initiated amendments to the Constitution hastily adopted by the Federal Assembly of the Russian Federation, causing extremely negative reactions from Russian civil society, representatives of indigenous peoples of the Russian Federation, human rights defenders, and the expert community.

The proposed amendments to the Constitution of Russia, in particular the new version of Article 68 of the Constitution of the Russian Federation, establish “The state language of the Russian Federation throughout its territory is the Russian language as the language of the state-forming nation, which is part of the multinational union of equal nations of the Russian Federation.”

This norm, in our view, introduces ethnic segregation and discrimination of its indigenous peoples and national minorities in Russia, dividing the multinational people of the Russian Federation and granting a special status to ethnic Russians as a state-forming nation. Other indigenous peoples of Russia and national minorities are established as of non-state-forming peoples, if fact determining them to the status of “second-class” peoples and citizens. These amendments to the Constitution of the Russian Federation alienate Russia from the principles of a democratic federal state governed by the rule of law with a republican form of government, European constitutional values and democratic norms, and directly contradict Russia’s obligations within the Council of Europe.

We ask the Parliamentary Assembly of the Council of Europe to send a request to the Venice Commission on the compliance of the amendments to the Constitution of the Russian Federation, in particular Article 68 of the Constitution of the Russian Federation, with Russia’s obligations within the Council of Europe.

We also ask the Parliamentary Assembly of the Council of Europe to send a monitoring mission of PACE to Russia to assess the situation of Russia’s indigenous peoples and national minorities, in the light of decisions taken in Russia on ethnic segregation and discrimination of its peoples.

See also: https://humanrightsdefenders.blog/2019/05/09/ruxit-a-real-possibility-and-bad-for-human-rights-defenders/

and https://www.nytimes.com/2019/06/25/world/europe/council-of-europe-russia-crimea.html

Kremlin Gutting Constitutional Provisions That Allowed Russia To Join The Council Of Europe – OpEd

Human rights defenders in Russia should be proud to be ‘Foreign Agents’

November 22, 2013

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This blog has on several occasions made mention of the dangerous developments in Russia where the ‘foreign agents’ law is being used to delegitimize human rights defenders. Front Line just came with an update showing that the legal aspect of this issue (is the law legally permissible under the Russian Constitution or the European Convention Human Rights?) is coming under scrutiny. On 18 November 2013, the Zamoskvoretsky District Court in Moscow heard the cases of 3 NGOs – Human Rights Centre ‘Memorial’, GOLOS, and the Public Verdict Foundation – which challenge the ‘Foreign Agents’ law. Following the presentation of their arguments, the court accepted their request to postpone the hearings until 4 February 2014. Significant, as it was taken in order to await for the rulings of the European Court on Human Rights (ECtHR) or the Russian Constitutional Court, whichever comes first:

  • On 6 February 2013, eleven Russian NGOs lodged a complaint with the ECtHR alleging that the ‘Foreign Agents’ law violates four articles of the European Convention on Human Rights, namely Article 10 (Freedom of Expression), Article 11 (Freedom of Association and Assembly), Article 14 (Prohibition of Discrimination), and Article 18 (Limitations on Rights).
  •  On 13 August 2013, Kostroma Centre for Civic Initiatives Support lodged a complaint with the Russian Constitutional Court arguing that the ‘Foreign Agent’ law violates five articles of the Russian Constitution, namely Article 19 (Equality before the law), Article 29 (Freedom of ideas and speech), Article 30 (Right of Association), Article 32 (Right to participate in managing state affairs), and Article 51 (right not to give incriminating evidence against oneself).
  •  On 30 August 2013, the Russian Human Rights Ombudsman, Vladimir Lukin, also lodged a complaint with the Constitutional Court against certain provisions of the ‘Foreign Agents’ law. In particular, the Ombudsman argued that the definition of terms ‘foreign agent’ and ‘political activities’, as provided by the law, are politically and legally incorrect.

Still, one wonders whether the battle should not be fought also in the public domain as the ‘foreign agent campaign’ by the authorities is clearly not about financial control (there is enough of that already to satisfy any suspicious prosecutor) or political control (in which case registration as simple lobbyist would suffice) but about  ‘framing’ the human rights defenders as traitors, unpatriotic people. The requirement to identify oneself as foreign agent on every paper or poster is a clear indication of what the Government wants to achieve. This kind of action by governments (not just Russia) is a deliberate (mis)information effort that should be fought in the same arena of public perception. Admittedly far from easy and costly but there are things that COULD be done, I think:

  • bumper stickers and T-shirts with “I am a foreign agent” (in Russian of course, but supporters abroad could have it in English)
  • well-known Russian celebrities could make statements such as:  “IF …is a foreign agent ,in that case I am also one!”
  • production of video clips that poke fun at the idea, etc

As a concrete example: on 21 November 2013, a year after the law came into effect, Amnesty International Norway, LLH (the Norwegian LGBT Organisation) and the Norwegian Helsinki Committee called themselves for one day foreign agents in solidarity with Russian organisations who struggle to keep their work going (see also in Norwegian: http://www.amnesty.no/agent). Of course, people on the ground know best what will work, but I think some form of ‘counter-defamation’ should be tried. It would benefit Russia and could de-motivate the authorities in other countries watching what happens in Russia.