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HR news |
Letter to the UN High Commissioner for refugees concerning attempts to forcefully return refugees to Chechnya
THE "COMMON ACTION" INITIATIVES GROUP
Support group: telephone (095) 923-44-20,
e-mail: ComAction@sakharov-center.ru
Moscow, 07.06.01
Office of the UNHCR
To the High Commissioner for Refugees
Mr Ruud Lubers
Dear Mr Lubers
The non-government organisations of Russia are deeply grateful to the UNHCR's fact-finder Mr Chris Yanovski and to you for your support of our position in relation to the return of inhabitants of the Chechen Republic who left its territory because of military action there. We are aware of the UNHCR's position, based on the principle of allowing the return of only those displaced people who wish to leave, to their permanent places of abode. We also consider the UNHCR's recognition that the inhabitants are refusing to return to Chechnya because they are afraid for their lives and well-being, as very important.
We are extremely concerned that the Russian authorities are again pressing the inhabitants of the Chechen Republic to return.
Since the renewal of military activities in Chechnya in the autumn of 1999 there have been numerous attempts first not to let the peaceful population leave the territory of Chechnya and then to make them return.
Inhabitants of Chechnya, wishing to leave the fighting zone, were forbidden from travelling beyond its borders. At the end of September 1999, a telegram was sent to this effect to the interior ministry authorities for the regions and republics of the Russian Federation. It was signed by the commander of the united "West" federal military group, General Major V Shamanov.
Practically the only Russian region receiving forcibly displaced persons from Chechnya was the republic of Ingushetia. At the beginning of November 1999, its borders were opened to people fleeing the war, on the personal instruction of President of the Republic of Ingushetia, R Aushev. The federal military command opposed this decision for a long time.
As early as 12 November 1999, Deputy Primeminister of the Russian Government and representative of the Russian Government in the Chechen Republic, Nicolai Koshman, stated at a press conference that by 25 December all Chechens who had been forcibly displaced would be relocated from Ingushetia to the territory of Chechnya. Soon thereafter, an attempt was made to send railway carriages with refugees from Ingushetia into Chechnya.
Later various populated areas in Chechnya were declared "safe zones". It was recommended to people who had lived in these areas that they could return to them. Both inside Chechnya, and beyond its borders, inhabitants from the "safe zones" were not allowed to register using Form No. 7, essential for receiving minimum welfare benefits. By Order No. 15 of the Federal Welfare Ministry of 25 February 2000, Form No. 7 was abolished completely. However, within three weeks this order was revoked because of the worsening situation in Chechnya and the sharp increase in the flows of refugees.
Appeals and even demands to return are being continually repeated. At the same time, provision of food in the refugee camps in Ingushetia has stopped. Ingushetia is owed between 300 and 500 million roubles by the federal authorities. Meanwhile the return of inhabitants to Chechnya has been accompanied neither by the creation of even basic living conditions nor any relenting in the arbitrary behaviour of the military. Since the start of 2001, in the few temporary living centres to which refugees have been sent from Chechnya since autumn 1999 food has been stopped on a number of occasions.
The political approach being taken to the return of the inhabitants of Chechnya and the removal of their right to choose freely and independently where they live in Russia, has been supported by the legislation which has been adopted since 1994 during military activity in Chechnya. The relationship of the Government of the Russian Federation to the inhabitants of Chechnya from 1994 to 1996 was different from today. Then, as early as May 1995, an order was passed for personal compensation payments to be made to people who had suffered loss in the war. This created a whole raft of documents providing for immediate specific aid for those who had lost homes or property and who did not intend to return to Chechnya. Resolution No. 510 of 30 April 1997 on "The procedure for payment of compensation for lost homes and/or property to citizens who have suffered as a result of dealing with the crisis in the Chechen Republic and who are leaving the Republic forever" is still in force.
Resolution No. 163 of the Government of the Russian Federation of 3 March 2001, is the only resolution directed at helping victims of the military action begun in 1999. It does not give people the opportunity to help themselves. The government is prepared only to finance temporary camps and transfer to Chechnya. There is no other choice available.
Since 13 April 2001, registration of people leaving the Chechen Republic on Form No. 7 has been stopped by a decision of the territorial authority for the federal ministry for Ingushetia. The minister from the Ingushetia Republic Emergency Situations Ministry, V Kuks, has declared that registration will stop for about one month until a new form is available. However, no mention has been made of the new form in any federal documents.
At the end of May, the head of the administration for the Chechen Republic, Akhmad Kadyrov stated that he was reckoning on the return of all the forcibly displaced persons currently living in camps in Ingushetia, before the first winter frosts. After a working meeting to discuss problems of developing production in Chechnya, held at the Russian Union of Industrialists and Entrepreneurs, A Kadyrov declared that according to information from the heads of the republic's regional administrations, it would be possible to place up to fifty thousand returning forcibly displaced persons in homes. In addition, there are about fifteen thousand places in makeshift general accomodation in buildings such as schools, halls of residence and kindergartens.
The head of the Chechnya administration then attacked the leadership of Ingushetia for allegedly holding the refugees back by force and frightening them.
The Federal Minister for Chechnya Matters, Vladimir Elagin was even more emphatic. The Minister on 24 May ran a conference on "A plan for work by an interdepartmental group to create the conditions for the return of citizens who have temporarily left the Chechen Republic and on the question of rebuilding the social and economic infrastructure of the Chechen Republic". A resolution was passed at the conference on creating seven temporary living centres on the territory of the republic and on returning refugees from Ingushetia to Chechnya in the course of June 2001. Compensation was promised, for those who returned to the republic in June, for lost homes.
At the request of the UNHCR, members of the non-governmental organisation "Vesta" carried out a poll of 624 families of Chechens (4,370 people), living in private homes, camps and other arbitrary accomodation which has sprung up in Ingushetia. Around 24 % of families asked, said that some or all members of their family planned to return to Chechnya this year. Around 75 % of families did not plan to return this year, if the situation remained unchanged, and 9 % of families had no intention of ever returning to Chechnya. On the basis of these results it is easy to conclude that the inhabitants of Chechnya are not ready to return.
People do not wish to return home, not just because of the advice of Ruslan Aushev. The reasons are well known: no guarantees of safety, shootings, people being killed on a daily basis, illegal actions being carried out by representatives of federal forces, especially during the continual "clean-up" operations.
Unfortunately, voluntary organisations know from their own experience how dangerous it is now to be on the territory of the Chechen Republic. Nobody has the right to force people, either physically, or by using legislation which leaves them no choice, to return there.
Besides, there are not even basic living requirements in Chechnya, such as gas, electric light, water, goods and food, medical services and the opportunity to work or study.
We are aware of occasions when inhabitants of distant temporary centres, in particular Kurgan, driven by hunger, have decided to return to their native land. Their housing had been destroyed, they could not find a place to stay in a single camp in Chechnya and were forced to make the long journey back again.
The government of the Chechen Republic headed by Il'yasovyi, is finding ways of putting pressure on the refugees. One of these has been the intention to place the activities of humanitarian organisations under strict control and regulation. The bureaucrats want to get their hands on all aid going into Chechnya and around its borders. At a meeting of the Government of Chechnya on 30 May, a resolution was passed on the strict control of the activities of humanitarian missions in Chechnya. The state has been unable to fulfil its duties in relation to its citizens, and considers that it nevertheless has the right to regulate the work of those who take upon themselves part of this burden. Non-governmental organisations have grounds not to trust the bureaucrats and the majority of them will never agree to losing the right to give out aid directly to victims. After two armed incidents within a twenty four hour period, involving members of non-governmental organisations, the Red Cross has decided to stop the work of its mission in Chechnya.
If there is no humanitarian aid, returning refugees will be condemned to perish.
Dear Mr High Commisioner!
We ask you to help us to prevent the forced repatriation and driving of the inhabitants of Chechnya onto the territory of Chechnya in any manner.
The rights of each citizen to freedom of movement and to choose their place of residence are set down in international conventions to which our country is a signatory and in Article 27 of the Russian Constitution and its laws. Like all Russian citizens, the people of Chechnya have the right to choose independently where and how they settle on the territory of Russia.
We are convinced that only direct help can ensure that each citizen has the opportunity to begin a new stage in their lives properly.
The non-government organisations of Russia invite you to visit our country in person and to see for yourself the solid grounds for our general position. Russian NGOs and the UNHCR already have much positive experience of working together. We hope that in the future this will continue to develop and broaden.
Yours sincerely
Members of "Common Action" (in order of signing)
Svetlana Gannushkina, "Civic Assistance",
Oleg Orlov, Society "Memorial",
Andrei Babushkin, "Committee for citizens' rights",
Lyudmila Vakhnina, Human Rights Center "Memorial",
Victoria Malikova, "Moscow Helsinki Group",
Ernest Chernyi, Coalition "Ecology and human rights",
Lidiya Grafova, "Forum of organisations for displaced persons",
Valentin Gefter, "Institute for human rights",
Lev Ponomarev, Movement "For human rights",
Victor Sakirko, "Society ZOKh and ES",
Boris Al'tshuler, "Rights of the child",
Sergei Sorokin, "Movement against violence",
Andrei Kamenshikov, "International peace",
Sergei Kovalev, "Russian Memorial",
Lev Levinson, "Institute for the rights of man",
Ol'ga Cherepova, Human Rights Center "Memorial",
Evgenii Belyakov, "Committee for anti-faschist activities",
Elena Sannikova, "Solzhenitsin Fund",
Yurii Samodurov, "A D Sakharov centre and museum"
