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CONCLUSION

The situation described here is demonstrating rather clearly the picture of large-scale violation of human rights. Meskheti Turks cannot be considered as the persons staying illegally at the territory of Krasnodarski Krai, as their migration was caused by urgent necessity,1 and they have not breached any normative act of legal nature. Nevertheless they were not only refused in recognition as fully competent members of the society but also in respect to their human dignity.

Using such illegal institute as permitting registration basic human rights are violated: right to have citizenship (including inadmissibility of depriving citizenship), right to be a subject of law, right to possess property, right to be married. Actually recognized are only several social rights: to labor (but not to enjoy equal payment for equal labor, or free selection of profession), to get education (only secondary) and medical service (gradually cancelled as the system of insurance medical treatment is introduced). Besides, Turks became a subject of actual (latent, non — normative) discrimination, psychologic pressure and encroachment against personal security implemented with the connivance and direct participation of the authorities.

The Meskheti Turks’ problem in Krasnodarski Krai are caused by complicated and difficult situation with normative acts that were previously active in the USSR and are active now in the Russian Federation and Krasnodarski Krai. The USSR legislation and experience of its enforcement were not having a legal nature; Russia’s situation, as it inherited the legal and administrative institutions of the Soviet Union, has not changed essentially, moreover, new formal collisions appeared, and the tyranny of the executive authorities in some aspects became more spread and more naked. The procedures that existed in the USSR were not actually providing for free movement of citizens within the territory of the state. Meskheti Turks who moved to Krasnodarski Krai in 1989–1990 were acting in defiance of the then Soviet authorities: the latter intended to force Meskheti Turks, who left Uzbekistan, to central regions of the European part of the country. Restrictive measures taken in some southern regions against Meskheti Turks (first of all, in Krasnodarski Krai and Kabardino-Balkaria), although they were having an illegal nature, were completely relying upon existing normative acts, first of all «Regulations on passport system». In accordance with Soviet laws, non-registration was and still is equal to depriving an individual of a legal status. While local authorities in a majority of regions have legalized the presence of Meskheti Turks at their territories, Krasnodarski Krai demonstrated a stubbornness in these aspects. In course of the anti-migrant campaign that is continuing now new restrictive measures were taken that were fixing the situation of Meskheti Turks when they were deprived of their civil rights. Taking the illegal restrictive measures in the Krai became possible to a considerable extent because of peculiarities of the modern situation in the field of normative regulation (collision between Soviet normative acts that were not cancelled and Russian laws, between Federal and regional acts), because of ambiguity and declarative nature of laws which are corrected by different by-laws. As Meskheti Turks had no legal status connected with registration of permanent residence, new Russian laws were not covering them. So Meskheti Turks in Krasnodarski Krai as other refugees from former member republics of the USSR found themselves in a formal legal trap created by existing or active acts. Such situation can be overcome easily provided that the authorities are having a political will and implement a consistent legal approach, but they are demonstrating an acute deficit of both up to now.

While the normative «clearance» in respect to Meskheti Turks is obvious, it is a difficult task to prove the fact of pursuing a discriminating policy by regional and local authorities which is having a goal-oriented and systematic nature. No acts that could limit directly any rights of Meskheti Turks or other «non-Slavs» have been adopted in the Krai. The aspects of ethnic discrimination and responsibility for discrimination are not well-elaborated in existing Russian legislation. The effect of Federal laws determining the procedures of implementation of human and civil rights and freedoms within the territory of the Russian Federation is distorted to a considerable extent by different by-laws and sectorial instructions. In most cases the bureaucratic oppression is not violating active regulations adopted by executive authorities with which local officers are guided. It is also difficult to prove that specific discriminating actions are taken by orders of higher authorities and are aimed at forcing of Meskheti Turks from the Krai or provoking a conflict. Unfortunately, the picture is not unique, it is natural for all countries and regions where «soft ethnic clean-ups» are performed. And only Cossacks’ activities based on a traditionalism having a right-wing radical nationalist nature, as well as connivance on the part of authorities are having an expressly illegal nature.

It should be mentioned particularly such factor as low level of the sense of justice demonstrated by both officers and the refugees themselves. As concerns bureaucrats, ideologic principles and motives of administrative expediency are considered as first priority in respect to the requirements of law and, of course, the protection of human rights and freedoms. The majority of refugees are interested not enough in studying existing legislation and do not desire to use legal possibilities of protection of their rights, first of all, court procedures. The principal form of such law protection is a complaint filed at the address of certain officers. It should be emphasized that there is not a single organization representing Meskheti Turks that complies with its objectives provided for by their by-laws.

The present situation in which Meskheti Turks found themselves is extremely significant as it demonstrates a number of tendencies of the state building and public life that are bringing to naught the possibilities of conversion of Russia into a legal state where human rights are really respected.

First, strengthening of the state nationalism should be mentioned and ethnocentrism — declaring of so called title or root nationalities by the authorities as having privilegies, and of practical measures for fixing the same. It is particularly obvious in the Federal and regional migration policy, the desire to ensure a certain, rather high level of ethnic homogeneity of the population by creation of «ethnic filters» for refugees and first attempts to implement «soft ethnic clean-ups».

Second, the peculiarities of the process of so called federalization of Russia are well-seen, that is expansion of rights and possibilities of regional authorities with simultaneous diffusion of responsibility on the part of the «Center» and the leaders of the members of the Federation. Actual impunity of regional authorities makes it possible for them to ignore roughly both active legislation and the country’s international obligations.

Third, Russian authorities, following the USSR authorities, are inclining to using the policy of appeasement, that is, to concessions to the forces that are using blackmail and pressure, Cossacks in our case. A series of concessions is not leading to stability, but causes new, more aggressive demands, and the «appeased» Cossacks, relying upon the positions already gained, achieve fulfillment of such demands. The connivance demonstrated in respect to Cossacks and other nationalist organizations is, of course, assisting in their strengthening and activation.

Certainly, it is necessary to understand the realities existing in the country, and particularly in Krasnodarski Krai. The processes of the last years have not caused emergence of a stable legal order and made weaker the position of central authorities. It is hardly possible to expect that the Krai’s authorities themselves will provide all necessary civil rights in full to the forced migrants of the Soviet period, including Meskheti Turks. But in case the Federal authorities, demonstrating a political will, take necessary measures for protection of the rights of refugees in Krasnodarski Krai, they will encounter a resistance and will be forced to overcome some difficulties of political and economic nature. But the necessity and urgency of such measures are arising inevitably from active legislation and the international obligations of the Russian Federation.

The Federal and the Krai’s authorities should demonstrate resoluteness and take the following measures:

1) to legalize stay in Krasnodarski Krai and other regions of the Russian Federation of the forced migrants who came to the territory of Russia before collapse of the USSR, including Meskheti Turks: to ensure permanent registration and to restore all their rights;

2) to issue an act on recognition of refugees — citizens of former USSR who have come to the Russian Federation before 1992 and is not registered permanently anywhere, including Meskheti Turks, as citizens of the Russian Federation, and they actually are such under the Act of the Russian Federation on citizenship;

3) to acknowledge that the problems of Meskheti Turks — the people who were subject to repression — are far from solution within the CIS and at the level of individual states, first of all the Russian Federation and Georgia; to activate the efforts aimed at providing a possibility to this community to come back voluntarily without any forcing, on legal basis to their motherland or to use their civil and political rights in full in the states of their residence.