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.
Hans Thoolen on Human Rights Defenders and their awards 