Residence Registration
As of the beginning of October of 1994 of 184 125 «migrants who arrived
to the Territory to stay for ethnical reasons» 56 401 (30.6 per cent) persons
had no residence permits. This figure was 13.1 per cent among the Russian
speaking persons, 49.9 per cent among the Armenians, 94.8 per cent among
the Turks . According to the UVD only 695 Turkish migrants who arrived
during the last years have residence permits (this figure does not include
approximately 2.5 thousand Meskhetians who has been living in the Territory
since the middle of 1980’s).
99.9 per cent of the Meskhetian refugees have no residence registration
in Krymsk Region, 96.8 per cent in Abinsk Region, 86.0 per cent in Apsheronsk
Region, 86.0 per cent in Byelorechensk Region.1
According to the data made available to us in the passport office of Krymsk
Region GROVD from 1989 till 1994 18 023 migrants from the former USSR Republics
applied to this organisation for permits to stay. 9327 people have been
registered. The nationality ratio of the applicants and those who received
residence permits during this period appears to be as follows:
TABLE 1 The nationality ratio of the applicants and those who received
residence permits in Krymsk Region of Krasnodar Territory.
|
Nationality
|
The number of persons registered in Krymsk Reg. in 1989-Oct.1994 In parentheses:
the number of people who applied for residence permit during the same period
|
Out of them: those who were granted permit in Jan.–Oct. 1994 In parentheses:the
number of people who applied for residence permit during 1994
|
|
Azerbaijanians
|
44 (48)
|
12 (16)
|
|
Armenians
|
638 (659)
|
106 (127)
|
|
Assyrians
|
414 (446)
|
57 (89)
|
|
Byelorussians
|
101 (101)
|
21 (21)
|
|
Greeks
|
337 (342)
|
— —
|
|
Yezidians
|
132 (132)
|
7 (7)
|
|
Crimean Tartars
|
261 (273)
|
91 (103)
|
|
Kurds
|
8 (63)
|
1 (1)
|
|
Moldavians
|
51 (51)
|
— —
|
|
Germans
|
65 (67)
|
13 (14)
|
|
Ossets
|
42 (42)
|
— —
|
|
Russians
|
6427 (6533)
|
1186 (1292)
|
|
Turks–Meskhetians
|
9 (8458)
|
5 (21)
|
|
Ukrainians
|
498 (506)
|
175 (183)
|
|
Others
|
300 (302)
|
— —
|
According to the ROVD’s PVS 4785 refugees arrived in Abinsk Region from
1989 till 1994, 3129 of them received residence permits. Their etnhical
breakdown is as follows:
TABLE 2 The Refugees who Arrived in Abinsk Region from 1989 till 1994,
Received Jobs and Residence Permits
|
Nationality
|
Total no. of those arrived
|
Families
|
Employable
|
Employed
|
Registered
|
|
Russians
|
2504
|
435
|
1509
|
150
|
2504
|
|
Armenians
|
181
|
26
|
103
|
3
|
181
|
|
Azerbaijanians
|
29
|
5
|
13
|
5
|
29
|
|
Greeks
|
235
|
29
|
157
|
4
|
235
|
|
Assyrians
|
5
|
1
|
5
|
—
|
5
|
|
Yezidians
|
10
|
2
|
9
|
—
|
10
|
|
Lezghins
|
10
|
2
|
10
|
—
|
10
|
|
Tartars
|
101
|
8
|
72
|
5
|
101
|
|
Turks
|
1710
|
239
|
399
|
137
|
54
|
According to the ROVD’s PVS 2562 people were granted permanent residence
registration in Abinsk Region during 9 months of 1994, 2346 of them were
the Russians and only two Turks–Meskhetians. Unfortunately, we could not
find out how many people applied for residence permits during that time.
We could not either obtain similar statistical data for Apsheronsk Region
and Byelorechensk.
The group of the Turkish refugees who were granted residence permits comprises
several categories:
— those who arrived to the Territory before August of 1989 and succeeded
in legalising their stay (more than 170 persons, mainly in Apsheronsk and
Byelorechensk Regions);
— those registered in housing of their relatives with permanent residence
registration in the Territory;
— specialists registered due to the solicitation of some enterprises that
needed their expertise;
— residents of the areas inhabited by a relatively small number of the
Turks and characterised by a weaker pressure being exerted on the administration
by radical nationalist organisations — Kushchevsky (20 per cent registered),
Goryachiy Klyuch (registered are all 33 Turks who live there), Krasnoarmeysk
(56 accordingly) Krylovskiy (72), Slavyansk (55);
— persons registered by waivers — some scores of retired persons, the Afghan
wars veterans and persons who participated in the liquidation of the after-effects
of the Chernobyl nuclear power station failure;
— those who managed to get registered in 1991–1993 in Abinsk Region during
that short period when the regional authorities permitted to legalise the
Turks–Meskhetians;
— those who obtained residence permits under the court decision.
The last three categories should be discussed more closely. On September
28, 1994, the Migration Control Commission of the KK Administration Chief
granted waivers for a temporary one-year stay to 17 retired Turks–Meskhetians
from Abinsk Region (Commission Protocol no.16). According to V.V.Remmler,
the Chief of the UDNVM, this move was made on the initiative of his Department
by way of an experiment — it was assumed that the UDNVM would try to solve
the problem of issuing residence permits to all retired Meskhetians if
this move did not bring about strong feelings on the part of the Cossacks
[21.10.94]. It should be noted that the registration of the 17 pensioners
was ordered by the territorial authorities after they had been denied permits
in accordance with the decision of the Migration Control Commission of
Abinsk Region Administration of 9.09.94. Later on, prior to July of 1995,
the Territory Migration Control Commission granted temporary residence
permits additionally to 29 Turkish pensioners (including 9 persons in Krymsk
Region) according to the leaders of the Vatan, and 55 — according to V.V.Remmler
[5.07.95]. These people may be granted permanent residence permit always
supposing that they have registered their Russian citizenship. According
to V.V.Ostorozhnyy, the Deputy Chief of the UDNVMRP, the process of issuing
permanent residence permits to some retired Meskhetians initiated «for
humanitarian reasons» was suspended in the summer of 1995 «because the
reaction of the local population was not entirely positive» [30.11.95].
All 9 Turks registered in Krymsk Region before October of 1994 qualify
for the preferential categories — either as «Chernobyl» or «Afghan» veterans.
On September 3, 1991, the Presidium of the Abinsk Regional Soviet authorised
residence and house ownership registration for the Turks–Meskhetians, however
several days later this decision was cancelled due to the Cossacks’ pressure.
On January 21, 1993, the Decree of the Minor Council of Abinsk Region «On
Residing on the Territory of the Region of the Citizens of the Turkish
Nationality » once more revoked the prohibition to issue residence permits
and to notarise house ownership. On February 19 this decree was cancelled
by the session of the Regional Soviet following a series of protests and
threats made by the Cossacks, however some families had succeeded to obtain
residence permits and to legalise their house ownership.
Only a few scores of the Meskhetians legalised their house ownership under
the court awards and thus secured their residence permits (unfortunately
we failed to obtain even approximately consolidated data). In particular,
five persons who attained residence permits in Krymsk Region before October
of 1994 made it judicially. The number of such claims is growing progressively:
for instance, in the 3rd quarter of 1995 43 people including 18 Turks (adult
members of the families) were registered in Krymsk Region in pursuance
of the court awards.2 Yet the majority of the Meskhetians are not too anxious
to resort to a judicial procedure because of the prevailing mistrust in
the authorities, the apprehension of a negative outcome of the proceedings
and the fear to bear heavy financial expenses connected with the collection
of duty.
The majority of the refugees continue to live unregistered. The Meskhetians
appealed to local authorities (at the level of village or settlement Soviets
and at a regional level) for residence permits mainly in 1989–1992. Practically
all of them were rejected. The Turks–Meskhetians note that the representatives
of authorities practically never produce written refusals. Some situation
are characterised as bluntly outrageous.3
The Meskhetian organisations activists tried to solve the problem of residence
registration on the Territory level but failed attain positive results.
According to the Vatan leaders S.Tamimov, S.Tedorov and T.Svanidze and
Head of the Umid Society A.Bayrakhatov collective appeals of the Turks–Meskhetians
who live in the Territory for residence permits were repeatedly submitted
to the Union and the Russian authorities including appeals addressed in
1994 to: the President, the Prime Minister, the Chairman of the State Duma,
the Chairman of the Council of the Federation, the Supreme Court, the Prosecutor
General, the Minister of Internal Affairs.
Many Turks–Meskhetians did not vacate their registration when they were
leaving Uzbekistan. We failed to find out how many of them still had Uzbekistan
permanent residence entries in their passports. Probably it is not the
majority but still a significant part of the refugees. In addition, it
is hard to evaluate possible legal consequences thereof.4 The majority
of the Turks–Meskhetians are sure that their registration in Uzbekistan
has long been made invalid by local authorities there. According to Administration
Chief of Nizhnebakanskiy stl. T.A.Shaprynskaya the settlement administration
did send official requests to Uzbekistan in early 1994 in order to verify
the annulment of the registration of several Meskhetians. These efforts
appeared abortive — the answers were: «No information preserved».
A small part of the Turks–Meskhetians were granted permanent residence
in other areas of Russia — mainly in Rostov, Kursk and Belgorod Regions.
We failed to determine their number, too. Chief of the passport office
of Apsheronsk Regional ROVD’s PVS S.N.Ivashchenko assumed that their share
did not exceed 2–3 per cent of the adult Meskhetians, in other regions
it should probably be more and continue to grow.
Being deprived of local residence registration people are divested of a
lot of rights as specified below.
From the point of view of the territorial and regional level authorities
the Turks–Meskhetians are «illegally immigrated citizens with authorised
residence areas elsewhere in Russia».5 That is why the official position
is based on the assumption that the Turks do not have the right for permanent
residence in the Territory. Moreover, as many officials have admitted during
our conversations the refusal to grant the Meskhetians a legal status and
civil rights should stimulate their departure from the Territory as well
as check the inflow of new migrants.
The grounds for the described attitude to the Turks–Meskhetians are disputable
from the legal point of view. Decrees of the USSR Council of Ministers
no.503 and the RSFSR Council of Ministers no.220 did not contain instructions
to accommodate the Turks–Meskhetians on the territories of Central Russia
Regions but merely referred to state-level arrangements for the receptions
of migrants in these areas. But should such instructions have appeared
in the above mentioned documents their character would have been obviously
illegal since they would have implied compelling limitations on an individual’s
choice of residence. Besides the overwhelming majority of the Turks were
not adequately informed on the state-level measures for accommodating the
migrants from Uzbekistan in Central Russia. In reality the intended measures
for accommodating refugees were not duly implemented and even minimal acceptable
living conditions were not created for the Turks–Meskhetians who arrived
to the Non-Chernozem Zone. Consequently, the Meskhetians’ migration to
Krasnodar Territory did not present a violation of law, nor did the Turks
directly infringe the act of the executive authorities concerning forced
migrants from Uzbekistan. The Meskhetian refugees violated «The Regulations
on the Passport System of the USSR» yet this document is not a law but
an act of executive authorities; besides the institution of mandatory residence
registration was declared unconstitutional by the USSR Constitution Supervision
Committee in 1991 and superseded by the RF Law on the Freedom of Movement
and the RF Constitution. Decree no.1476 of the USSR Council of Ministers
of 24.12.87 on limiting residence permits, in particular in Krymsk and
Abinsk Region, was not published and therefore can not be considered a
legal basis for the abridgement of rights of the forced migrants. The Turks–Meskhetians
were leaving Uzbekistan when material threat to their lives and safety
existed since the State had proved its inability and unwillingness to secure
them adequately. The Meskhetians had to migrate on their own to those regions
where climatic conditions were suitable for them and where they could get
accommodations and find a job, in particular to Krasnodar Territory. It
may be said that the Meskhetian refugees did it in the circumstances of
dire necessity6 and therefore their actions contradictory to some regulations
of executive authorities, especially those adopted during the existence
of the USSR, can not constitute a basis for any sanctions to abridge their
rights.
In real life authorities do have to face the reality — the fact that the
people have lived in the Territory for a long time without permits to stay,
that they actually possess immovable property (residential houses) and
practically have no opportunities to go elsewhere in the foreseeable future.
Before 1992 the fact of the Turks–Meskhetians’ permanent residence was
silently admitted. The village Soviets compiled and updated the lists of
the Turkish refugees in collaboration with the internal affairs departments.
During the period of ticket-based distribution of some foodstuffs and goods
(1990–1991) the Turks–Meskhetians in the long run made the local authorities
include them too into the lists of residents entitled to acquire these
coupons. At the same time the authorities regularly applied administrative
sanctions (penalties) against the Turks–Meskhetians as «infringers of the
passport regime» but scarcely instituted criminal proceedings.7
Following the increase of tension in the inter-ethnical relations in the
autumn of 1991 a commission on social survey of the Turkic Meskhe|ian migrants
in Krymsk Region was formed by Order of the KKSND Chairman no.156-p. Some
time later the Minor Council prepared and adopted on February 12, 1992,
Resolution no.97 «On Measures to Reduce Tension in the Inter-Ethnical Relations
in Krymsk and Some Other Regions of the Territory». This document specifically
addressed the situation of the Meskhetian Turks. It was recommended that
the Minor Councils of town and regional Soviets of the people’s deputies
develop a procedure for issuing certificates on the actual (permanent unregistered)
domicile of the non-registered persons, the Internal Affairs Organs were
ordered to register on a temporary basis the migrants’ personal vehicles;
the enterprises and organisations were authorised to conclude labour contracts
with the migrants without residence permits for a term not exceeding one
year.
Subsequently, in the wake of the lay-outs of the Meskhetian workers from
several enterprises in the Territory the administration chiefs in some
regions where the Turks lived received circular letter no.06-04/58 of 14.04.94
signed the by Deputy Chief of the Territory Administration for Internal
Policy and Public Relations R.Yu.Gusaruk that reaffirmed the validity of
resolution no.97. At the end of the year the communities received similar
circular letter no.06-04/205 of 23.11.94 signed by Deputy Chief of KK Administration
A.M.Zhdanovskiy.
In the autumn of 1995 the UDNVMRP drew up a GAKK draft decree which iterated
all principal provisions of Resolution no.97 of the Minor Council. At the
end of November the Legal Department of KK Administration insisted on submitting
this document as a bill to be approved by the Legislative Assembly of KK.8
Up till now Resolution no.97 of the Minor Council has been valid.
The adoption of Resolution no.97 made it possible to soften to some degree
the acuity of the principal problems. The authorities confirmed by documents
that they acknowledged the fact of permanent domicile of the Meskhetians
in the Territory without legalising it. The resultant situation was intricate
and ambiguous from the official point of view. The issuance of certificates
on residency without registration is not stipulated by the current legislation
and displays a parochial attitude. It does not either imply legal consequences
or establish a legal status for the Turks to satisfy the law. In both circular
letters the Deputy Chiefs of the Territory Administration called the Turks–Meskhetians
«persons under the patronage of the Russian Federation» which is a legal
novelty and void of positive contents. In the context of the current administrative
(as well as criminal prior to December of 1991) legislation the Turks–Meskhetians
qualify for the relevant sanctions as unregistered persons who are infringing
the passport regime. However Resolution no.97 and the letters of the Deputy
Chiefs of the Territory Administration of 14.04 and 23.11.94 actually mean,
though indirectly and indistinctly, a withdrawal of one category of inhabitants
from general rules although the Territory Administration is not authorised
to do so. Besides, the fact of appending a specific status and a specific
volume of rights to the people who belong to a certain ethnic group deserves
a separate consideration for itself.
The acts of the Territory Administration and the Legislative Assembly of
KK that make the migration regime even more tougher and introduce new sanctions
for its infringement (including deportation) do not specify to what extent
the newly established rules should apply to those who have already been
living in the Territory rather than to the new-comers, that is, whether
these documents are retroactive. In practice all officials equate permanent
residence to permanent residence registration and therefore they think
that the Turks–Meskhetians in principle qualify for these regulations,
i.e. they need not count on obtaining permits to stay according to these
documents. Since the Territory Administration has established few temporary
exemptions for this category of persons the designed sanctions in respect
to the Meskhetians are not applied (are applied selectively and partially
to be more exact).
The permissive character of some provisions in Resolution no.97 allows
the regional authorities to partially or temporarily ignore them. In particular,
Krymsk Regional PVS completely discontinued the issuance of certificates
on temporary registration to the Turks from March of 1995 and did it on
its own initiative as V.V.Remmler assured us.
Consequently, Resolution no.97 of the SNDKK Minor Council leaves the Turks–Meskhetians
disfranchised, it does not eliminate preconditions for administrative outrages
against them; on the contrary, it creates new ones. The Meskhetians are
acquiring a quasi legal status which in practice from time to time just
suspends rather than excludes repressive sanctions for the violations of
the executive authorities’ acts related to the residence registration regime.
The exceptions instituted for the Turks-Meskhetians are conditional by
nature and not always observed by the local authorities.
Generally the temporary registration certificates would not be either considered
valid by the Militia officers outside the areas where they were issued
and or safeguard their holders against paying penalties. Oftentimes, especially
in the ports of Novorossiisk and Tuapse, the Militia officers would withdraw
or destroy these certificates. During the passport control operations that
were regularly conducted in the areas where the Turks–Meskhetians resided
in 1993–1995 the Turks were fined in many communities for residing there
without residence permits despite the fact that they had temporary registration
certificates issued. The latter are not considered valid by the Cossack
squads either (see for details below, in the sections where conflicts and
relations with the authorities are described). The certificates that confirm
actual residence status have per se the only function — they are a warranty
for temporary registration of the refugees’ motor vehicles at the State
Traffic Inspectorate.
Up till now the authorities have not made attempts to deport the Turks–Meskhetians
as infringers of the passport regime although according to confidential
sources suggestions to this effect were discussed at the Territory Administration
level in 1995.
Citizenship
Practically all the officials interviewed by us were of the opinion that
the Meskhetians who lived without residence permit were not the citizens
of Russia. Nonetheless they found it hard to specify their current status
and were inclined to consider the Turks stateless persons or «the citizens
of the former USSR». It was assumed that upon the termination of the period
defined by the RF Citizenship Law and the President’s decrees on registering
citizenship through the registration procedure envisaged for the citizens
of the former USSR the Turks–Meskhetians should be considered illegal foreigners
residing on the territory of Russia.10 The regional administrations do
nor consider the Turks–Meskhetians the citizens of the RF.
According to Decrees of the RF President no.386 of 10.04.92 and no.2299
of 27.12.93 the term «citizens of the former USSR» shall apply to persons
who are not citizens of the states that constituted the former Soviet Union.
Upon the termination of Article 18 of the Citizenship Law which envisages
the opportunity to obtain the Russian citizenship through registration
this category of persons staying on the territory of the RF shall change
into the category of stateless persons.11
However in accordance with the Citizenship Law the USSR citizens who had
permanent residence on the territory of the RSFSR at the moment the Law
was adopted shall be recognised as the citizens of the RF if they did not
disclaim their Russian citizenship. The Meskhetian Turks whose overwhelming
majority arrived in Russia in 1989–1990 and therefore did not infringe
the current legislation entirely qualify for this provision. The law does
not either mention residence registration elsewhere or link «permanent
residence» notion with it. Moreover, the mandatory residence registration
institution was formally revoked after the adoption of the Law on the Freedom
of Movement and the RF Constitution. «Residence registration» is not mentioned
further in above named decrees of the President no.386 and 2299, in Order
of the Ministry of Internal Affairs no.330 of 30.06.94 «On the Organisation
of Operations of the Internal Affairs Organs in Implementing the Legislation
on Citizenship of the Russian Federation».
In practice the most significant for the Turks–Meskhetians is the recognition
of their formal right for citizenship by the authorities rather then the
right itself. Yet the authorities would equate the notions of permanent
residence and residence registration.
Only few Meskhetian refugees personally appealed to the authorities for
the Russian citizenship. It was confirmed by the representatives of the
MSKK in Krymsk and Apsheronsk Regions as well as by the officers of the
ROVD’s PVS in Abinsk and Apsheronsk Regions. Passport loose inserts certifying
the Russian citizenship were issued only to some of the Turks who had been
registered in the Territory earlier. According to our interviews the overwhelming
majority contacted the authorities only for residence permits. Besides,
the Turks started to display their concern over the citizenship matters
only by the end of 1994. In October of 1994 the majority of those interviewed
admitted that they were not fully aware of the contents of the Law on the
Russian Citizenship. Furthermore, practically none of them was aware of
the existence and the activities of the Commission on Citizenship at the
President of the RF. The Meskhetians informed us that the appeals to the
Federal Authorities concerning the problem of obtaining citizenship were
made only by the leaders of the Vatan upon whom the common refugees relied.
In the collective appeals the Vatan forwarded to the Russian Federal Authorities
the problems of citizenship were normally not mentioned.
From the formal point of view it is hard to adequately assess the practice
of registering citizenship of persons without permits to stay by the local
organs of internal affairs since none of common refugees or the leaders
of the Turkish Community have received by now according to the data available
any formal written responses which could be a documentary confirmation
of the official approach. In practice the administration and the PVS officers
act on the principle that the notions «permanent residence» and «residence
registration available» are totally convertible but they state it just
orally and decline from delivering written refusals which could be contested
by the applicants. On June 29, 1995, Deputy Chief of Byelorechensk Administration
V.F.Shkitin told M.Makhmedov that the issue of granting the Russian citizenship
to the Turkish refugees «was out of the question».12 On July 5, 1995, the
Citizenship Inspector of Apsheronsk Regional PVS S.V.Bessarab admitted
that she had been orally instructed at the KK PVS that the citizenship
may be granted only on the basis of residence registration. In the responses
of the Territory Administration representatives to the requests by the
Vatan organisation of May 1995 the issue of linking the civil status with
residence registration was eluded [the texts are available at the authors
of the report]. As it was found out during a telephone conversation with
Manager of the Vatan Society S.Tedorov on August 12, 1995, the first written
response on citizenship received in the middle of July from the Apsheronsk
PVS did not contain a direct rejection but referred to a pre-requisition
to have the matter endorsed at higher levels.In May of 1995 Chairman of
Anapa regional organisation of the Vatan Society Yunus Mukhtasimov delivered
to the PVS Chief of Anapa ROVD applications written by the leaders of 16
Turkish families resident in the region (Gostagayevskaya st.) appealing
for citizenship registration. A response in the oral form was given only
in the middle of November and resolved itself into the statement that the
decision on the issue under consideration required «an instruction from
above».
To our opinion the problem of citizenship should be treated as an extremely
important one. Both the Law on Citizenship and the amendments to it as
well as the President’s Decrees on citizenship and ordinances have no references
to residence registration. It offers local executive authorities certain
freedom in interpreting it and permits them to deny citizenship to applicants.
The authorities are treating the Meskhetians as persons without the Russian
citizenship and apply to them restrictive measures designed to be applied
to the migrants from the CIS. To the contrary, the by-laws that define
the rights of the Russian citizens (for example, the RF Laws «On the Right
of the Citizens of the Russian Federation to Free Movement, the Choice
of Place to Stay and Reside within the Russian Federation» and Decree no.713
of the RF Government of 17.07.95 which enacts the mechanism to implement
this Law) may not be applied to the Turks–Meskhetians resident in Krasnodar
Territory. The official disavowal of the citizenship of the Meskhetians
without residence registration can make them unprotected in the foreseeable
future in the event of «ethnical cleanups» and even forced deportation
from the territory of the RF.
Refugee Status
Before the breakdown of the USSR the very existence of refugees in the
country was not formally recognised and this term was not used in the official
documents. Prior to the creation of the Federal Migration Service in 1992
the Territory employed a temporary procedure of registering and processing
the forced migrants. The Turks–Meskhetians did not get a similar temporary
status: it was granted only to migrants from certain regions — their list
in which neither Uzbekistan or Kirghizia were present was endorsed by the
Committee on Migration and International Relations of the Supreme Soviet
of the RF and iterated by GAKK Decree no.400 of 31.12.92. The leaders of
the Vatan contacted the departments on labour and social matters of the
territorial and regional administrations involved in registration of persons
who had to migrate from the places they had lived in previously but the
answers were negative.13
After the Federal Migration Service and its regional departments had been
created the situation for the Turks did not change. The only instruction
of the FMS of 27.08.93 made in compliance with the Resolution of the RF
Supreme Soviet Committee allowed to treat the migrants from Uzbekistan
as forced migrants yet this decision was not retroactive. It has been confirmed
by the Meskhetians themselves. According to S.Tamimov when the Vatan contacted
the FMS late in 1993 it received the answer stating that the Migration
Service dealt only with those migrants who arrived in Russia after the
Service was formed, that is, after 1992 [30.10.94]. [29.10.94]. T.Svanidze
asserted that during a meeting with Ò.Ì. Regent in Krasnodar she explained
that only those migrants from Uzbekistan may be considered refugees who
had left it after August of 1993 [29.10.94].
The RF Laws «On Refugees» and «On Forced Migrants» adopted in February
of 1993 as well as the related by-laws are not retroactive. Decree of the
Territory Administration Chief no.222 authorises the MSKK to grant the
refugee or the forced migrant status only to those persons whose relatives
have been permanently residing in the Territory for more than 5 years (a
spouse, parents, children, full brothers and sisters).14 According to KK
Law «On The Procedure for the Registration of Stay and Residence in Krasnodar
Territory» «the residential qualification for the relatives of potential
refugees shall be increased to 10 years». The Migration Service deals with
two categories of «forced migrants» — those who were already registered
in the Territory (shall apply for the status personally) and those who
have immediate relatives in whose place they can be registered provided
that the sanitary standards are observed (the applications shall be filed
by their relatives).
Hence, the Turks–Meskhetians can not obtain the status of a forced migrant
or a refugee for they do not have a local residence registration while
the laws and the ordinances related to forced migrants are not retroactive.
Personal Documents and the Certificates of the Civil Statute
Till February of 1995 none of the Turks–Meskhetians who attained majority
(16 years of age) were issued a passport. According to the instructions
of the Ministry of Internal Affairs the employees of the passport offices
shall not be not authorised to issue blank passports without a residence
registration entry.15 Young people who were not issued passports automatically
became infringers of «The Regulations on the Passport System» and were
deprived practically of all rights including the right to work.
Until the beginning of 1994 theoretically there existed two solutions in
this situation. Some Meskhetians found an opportunity to obtain the Soviet
passports for their children at a place of their former residence in Uzbekistan.
We failed to collect any evident indications as to how frequently this
method was employed but in reality it appeared to be accessible for few.
The growing travel expenses and the toughening political regime in Uzbekistan
would make such opportunity even more illusive. The second possibility
consisted in obtaining a passport and residence permit after returning
from the army when the Meskhetians were called to military service in the
Territory (before early 1994 in Apsheronsk Region). Those who returned
from active duty should be registered and accordingly given a passport
in compliance with the duty certificates issued at the place of service.
The Military Commissariats appealed to the regional and town administrations
for issuing residence permits to the Turks–Meskhetians who had served in
the army but in most cases the replies were negative.18
In February of 1995 Chief of KK UVD A.G.Suprunov decided to issue passports
without residence permits to adult refugees.19 At present time such passports
have been issued in Krymsk Region — to those who were 16 years of age in
the end of 1994 and in 1995, while in other regions — to those who were
16 years of age in the period between 1989 and 1995. In addition, starting
from February of 1995 unregistered persons got their new photographs attached
in the passports at the age of 25 and 45 since passports without these
photos were considered invalid. According to the people we interviewed
in November of 1995 this process progressed very slowly in Krymsk Region,
reception of applications for passports or for new photos was periodically
suspended and many people had to live without passports or with invalid
passports.
Until the beginning of 1994 theoretically there existed two solutions in
this situation. Some Meskhetians found an opportunity to obtain the Soviet
passports for their children at a place of their former residence in Uzbekistan.
We failed to collect any evident indications as to how frequently this
method was employed but in reality it appeared to be accessible for few.
The growing travel expenses and the toughening political regime in Uzbekistan
would make such opportunity even more illusive. The second possibility
consisted in obtaining a passport and residence permit after returning
from the army when the Meskhetians were called to military service in the
Territory (before early 1994 in Apsheronsk Region). Those who returned
from active duty should be registered and accordingly given a passport
in compliance with the duty certificates issued at the place of service.
The Military Commissariats appealed to the regional and town administrations
for issuing residence permits to the Turks–Meskhetians who had served in
the army but in most cases the replies were negative.18
In February of 1995 Chief of KK UVD A.G.Suprunov decided to issue passports
without residence permits to adult refugees.19 At present time such passports
have been issued in Krymsk Region — to those who were 16 years of age in
the end of 1994 and in 1995, while in other regions — to those who were
16 years of age in the period between 1989 and 1995. In addition, starting
from February of 1995 unregistered persons got their new photographs attached
in the passports at the age of 25 and 45 since passports without these
photos were considered invalid. According to the people we interviewed
in November of 1995 this process progressed very slowly in Krymsk Region,
reception of applications for passports or for new photos was periodically
suspended and many people had to live without passports or with invalid
passports.
In the event a Turk–Meskhetian loses the passport they would not replace
it. In this case the PVS and passport bureau officers would send people
to where they had had their passports issued originally. Some have succeeded
to recover their passports in Uzbekistan but at the present time this opportunity
have been lost for good since Uzbekistan introduced its new national passports.20
Persons without residence registration shall not receive foreign passports.
At the end of 1993 — early 1994 four families without registration left
for Turkey. The Territory Administration helped them to get passports without
residence registration by waivers.21
Marriages between people without residence permits would not be registered
officially. The ZAGS departments also deny marriage licenses to those people
who do have Russian residence permits but failed to legalise their house
ownership. If either of those who wed has a local residence registration
while the partner has no residence permit or has been registered in one
of the former Union Republics their marriage license shall be subject to
a personal authorisation of the regional (town) administration chief. This
procedure was enacted by GAKK Decree no.172 of 28.12.91 «On Some Aspects
of Marriage Registration in Krasnodar Territory» and confirmed by Decree
no.389 of 24.08.92 «On the Restriction of Registration and Marriage Dissolution
for some Categories of Citizens in Krasnodar Territory». The representatives
of the administration and the ZAGS departments are justifying this kind
of prohibitions and restrictions by their intention to hinder fictitious
marriages. Unfortunately we failed to find out whether those who were entitled
to apply for consent from the chief of Apsheronsk Region Administration
on the registration of marriage would try to make it. No such approaches
were made in Byelorechensk.22 We did not discover any instances of marriages
between the registered and unregistered persons in other regions of KK
either.
In compliance with Articles 49 and 149 of «The Marriage and Family Code»
the children whose married parents for the reason mentioned above are considered
formally unregistered shall get the surname of their mother. In the birth
certificate of a child the father is mentioned as follows: his actual name
and patronymic are entered in the appropriate line followed by the surname
of the child’s mother (not changed in connection with the disavowal of
the marriage).23