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.
CONCLUSION