Posts Tagged ‘foreign agent law’

the Crimea and Foreign Agents: a T-shirt tells it all

April 1, 2014

As a result of the annexation of the Crimea, the Russian Procurator-General has found himself in a legal conundrum. The local NGO “Crimea Human Rights Centre” [CHRC] had for years militated in favour of the rights of the Russian speaking majority and insisted on the right to self-determination already in 2005 as the only way to secure their rights.

As the NGO receives funding from abroad (mostly from the Russian government but also from a rich businessman in Abkhazia), it had been forced on 2 February 2014 to register under the new Ukrainian “Foreign Agents law” [see my earlier post: https://thoolen.wordpress.com/2014/01/21/ukraine-follows-russias-example-again-human-rights-defenders-labeled-as-foreign-agents/].

As a result, the members of the CHRC had even been forced to wear T-shirts with the text: “Foreign Agent”. With the integration of the Crimea, several staff members had stopped wearing the hated T-shirts but a certain, Aleksey Baburinko, one of the few Ukrainian human rights defenders left in the Crimea, lodged a complaint saying the CHRC still fell under the law on Foreign Agents, “either the Ukrainian or the Russian version”.

Today, 1 April 2014, the local Prosecutor’s office in Sebastopol issued a statement that wearing the T-shirts was no longer necessary but that the issue of registration would be referred to the new Russian Minister for Crimean Affairs, Oleg Savelyev, who has just been appointed.

Via http://en.itar-tass.com/russia/1april2014

Ukraine follows Russia’s example again: human rights defenders labeled as “foreign agents”

January 21, 2014

The ‘eastern’ pull of Ukraine is now also reflected in its repressive legislation on human rights defenders. On January 16, 2014, Ukrainian Parliament unexpectedly and hurriedly adopted a comprehensive restrictive bill, which punishes protests, criminalises libel, restricts civic organisations receiving foreign funding and labels them as “foreign agents”. The bill, entitled “On Amendments to the Law on Judicial System and Status of Judges and Procedural Laws on Additional Measures for Protecting Citizens’ safety”, was introduced on January 14, 2014 and voted only two days after, with no legal assessment, no parliamentary hearings, and no consultation. The text was swiftly adopted by show of hands, backed by 235 out of 450 parliamentarians, before it was immediately signed it into law by the President. According to the bill, all civic organisations receiving funds from foreign sources must include in their title the term “foreign agents”, register as such, submit monthly reports regarding the organisations, publish quarterly reports on their activities in the official media and may not benefit from a tax-exempt status. The bill specifies that all organisations taking part in political actions, defined as actions aimed at influencing decision-making by state bodies, a change in the state policy which those bodies have defined as well as forming public opinion for those purposes, are deemed civic organisations. Organisations failing to register may be closed by court decision.

There were quite a few other restrictions passed in the same bill as can be seen from the Open Letter of 20 January 2014 sent to Ukrainian President Viktor Yanukovich and Parliamentary Speaker Volodym, signed by Karim Lahidji, FIDH President, and Gerald Staberock, OMCT Secretary General:

Ukraine: Call to repeal highly restrictive law on so-called “foreign agents”, libel and extremism, which blatantly violates Ukraines international obligations / January 20, 2014 / Urgent Interventions / Human rights defenders / OMCT.

Russian court declares ADC Memorial formally as “foreign agent” – others to follow

December 16, 2013

 

On December 12, 2013, the Anti-Discrimination Centre (ADC) “Memorial was officially declared a “foreign agent” by the Leninsky District Court of St Petersburg, and was ordered to register as such with the Ministry of Justice, according to  information received by the Observatory for the Protection of Human Rights Defenders. Today, the court unexpectedly established that all the activities of ADC “Memorial” fall under the definition of “performing the functions of a foreign agent”. Accordingly, for the first time, a court has directly labelled a human rights NGO a “foreign agent”, and did not just order it to register as such. This decision could pave the way to increased harassment of all human rights organisations in the Russian Federation. Read the rest of this entry »

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.