№73/2021 ANTI-DISCRIMINATION Тhematic Bulletin SO THAT FOREIGNERS ARE FEARED AND BLAMED FOR EVERYTHING It’s happened many times before: Constitutional Court judge Konstantin the government in doubt.” Anything else As soon as someone is rubbed the Aranovsky expressed this idea perfectly in would contradict the Constitution, which wrong way by something, they start a dissenting opinion to a decision on an ap- obligates the state to safeguard, and not screaming “Discrimination!” For peal to the law on the media, which restricts diminish, human dignity. Under the Con- many people, the word “discrimina- the rights of foreign owners. There’s a good stitution, even the status of “organization tion” signifies everything they don’t reason why the government had the fore- performing the functions of a foreign agent like, everything that bothers them sight to ban Constitutional Court judges does not presuppose a negative appraisal personally. You failed a test? Dis- from having a “dissenting opinion” before of” or “a negative attitude towards the or- crimination! You lost your attend- a slew of new laws against the media were ganization’s political activities” and “can- ance bonus? Even more so! Everything adopted! Here I will quote large excerpts of not be taken as a manifestation of distrust that’s offensive and humiliating is Aranovsky’s opinion: “The foreign origin of or a desire to discredit,” while a foreign res- “unjust,” and injustice is seen as dis- persons, capital, ideas, and so forth cannot idence permit does not diminish a citizen’s crimination. Even though the injus- in and of itself pose a threat to constitution- rights or serve as a ground for denying the tice of an evaluation or punishment ally important values. The multinational citizen the right to be a member of an elec- must be proven, it is even harder to people of the Russian Federation adopted tion (territorial) committee.” prove discriminatory grounds (on their Constitution and recognized them- the basis of race, gender, religion, selves as a part of the world community, as Alas, there is no memory of last year’s health, sexual orientation and gen- explicitly set forth in the Preamble.” And dissenting opinion, which directly stated der identity, and so forth) for this then: “Lawful restrictions on rights and that “xenophobia is an old and persistent injustice. But people regularly forget freedoms are protective in nature and are reflex that is more likely to confuse than this and view discrimination as “I’m specifically intended to safeguard constitu- to point to actual risks… so that foreign- under attack!” tional values (objectives)…nothing can be ers are feared and blamed for everything” ‘more useful’ in the Russian constitutional (thus recognizing the disenfranchisement order than human rights, which are given of the rights of foreign media outlets and Allegations of discrimination against the highest value in this system. No other other organizations connected with the Russian media outlets by “foreign in- benefit or public interest can be favored “world community” as xenophobic and, ternet platforms” are a glaring example over them in the influential attitudes and consequently, discriminatory). The latest of this. The journal “International Af- intentions of the government.” bills also void the Constitutional Court’s fairs” (whose board is chaired by Russia’s cautiously-worded decisions, which, even Minister of Foreign Affairs) published a Judge Aranovksy warned that if the though they did not find the stamp of pretty infographic on its website under- authorities are allowed to control the dis- “foreign agent” unconstitutional, did ex- lining that discrimination “has become tribution of information “with the right to tensively explain that in and of itself this systemic in nature.” But do these inter- ban ‘suspicious people’ (foreigners and dual stamp “cannot be taken as a manifestation national jurists even know what systemic citizens, for example) from distributing this of distrust or a desire to discredit.” discrimination is? What UN and Council information, then what arises is censorship of Europe experts mean by this term is and control over minds and opinions, which Now, when every person who ends the exclusion of minorities due to wide- contravenes the provisions of Article 29 of up in the register has to demonstrate of spread but often unconscious discrimi- the Constitution.” Aranovsky demanded themselves or another person that they are nation based on a fundamental char- that the idea of a “threat” lurking in for- an agent or “affiliated with a person per- acteristic (ethnic and religious groups, eigners be “establish[ed] and prove[n] in forming the functions of an agent,” when women, persons with disabilities, LGB- constitutional proceedings in terms of ac- this stamp does not allow people to run for TI+ people). This type of discrimination tual existing dangers and sources of risk,” election or hold municipal positions, when is pervasive for the Roma population, for otherwise, “restrictions on rights and foreign media outlets and platforms can be example. Clearly, the dramatic story of freedoms will go beyond the constitutional blocked or “slowed,” and when an NGO can how YouTube “placed restrictions on five framework.” simply be shut down (specifically because accounts” does not in any way fall under of distrust and a desire to discredit), all of this definition. But something else does— Aranovsky also mentioned a differ- the Constitutional Court’s previous rheto- the persecution of everything “foreign” ent Constitutional Court decision regard- ric seems like “a faculty of useless knowl- and the disenfranchisement of the rights ing the law on NGOs. This decision stated edge,” just like the desecrated Constitution of dual citizens, foreign media outlets and that: “Russia ‘does not imagine itself’ itself. internet platforms, and NGOs and natu- outside of the world community” and that ral persons who have been declared “for- foreign financing of non-governmental or- eign agents.” ganizations “does not put their loyalty to Stefania KULAEVA December, 2020 Subscribe to ADC «Memorial» monthly e-mail newsletter 1 ALL THE MOST IMPORTANT IN ONE LETTER PER MONTH ANTI-DISCRIMINATION ADC MEMORIAL STATEMENT TO THE 102ND SESSION OF THE COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION In recent years, we have encountered The discourse of opposing racial dis- of trade unions or initiative groups; im- many false concepts, double standards, crimination is not frozen; there is space plementation of such policies can be moni- and the use of terminology in the opposite for lively development both in theory and tored through various indicators, including sense. Those who fight for independence in practice. In this sense, it would be effec- numerable ones. are claimed as “Fascists”. Indigenous tive to apply some other modern concepts We hope that the challenges of today communities protesting against indus- to the field of racial discrimination, as they will not lead to a weakening of interna- trial corporations are declared “obstacle have proven themselves well in other areas. tional control over the respect of human for economic development”. Victims of For example, a gender-sensitive approach rights. First of all, this is the pandemic that pogroms – representatives of ethnic mi- to discrimination in employment can be has forced all of us to restructure our work, norities – are accused of “nationalism”, applied as racially sensitive, since often limiting in-person contacts. Second, it is a while the actions of real nationalistic representatives of minorities are employed reform of the UN Treaty Bodies designed aggressors and haters are justified and only in low-paid or less responsible posi- to optimize the consideration of state and even inspired by the state authorities. tions. A gender-sensitive approach can be alternative reports. Finally, this is the UN Freedom of speech and expression is re- combined with a focus on the situation of funding crisis, which also forces us to look stricted under the pretext of fighting for ethnic groups, since many double and mul- for new ways to interact with the relevant state security. The desire to find out his- tiple forms of discrimination can still be Committees and Procedures. As repre- torical truth and make public the facts seen in science, management, politics, etc. sentatives of civil society, we should not is declared “falsification of history” and The concept of protecting women’s rights lose the opportunity to appeal to such high- “discrediting the actions of the state” is widespread, it is often more understand- level experts which we always find in the in a particular period of time. All this able to stakeholders, so it can be used as an UN CERD. We must not allow the stated requires from either international ex- example to make hidden forms of racial dis- authorities to ignore this expert opinion. perts and human rights defenders on the crimination visible and clear to change and After all, often an appeal to the UN hu- ground – on the one hand, more clarity overcome. Following the example of policies man rights bodies is the last opportunity in terms, theories and concepts, and on to combat gender inequality, it is possible to achieve justice for victims of racial dis- the other hand, an understanding of the to create codes of ethics that include anti- crimination. complexity of the processes taking place racist norms; such ethical documents can in societies. be promoted in employment with the help 16 November 2020 RUSSIA: NEW ‘FOREIGN AGENT’ LEGISLATION WILL FURTHER UNDERMINE CIVIL LIBERTIES On 30 December, Russian Presi- in politics and receive funds from abroad and Sergei Markelov of Radio Free Eu- dent Vladimir Putin signed a series must proactively apply for ’foreign agent’ rope/Radio Liberty, and Denis Kamaly- of laws that would allow individu- status from the Russian Ministry of Justice agin, editor-in-chief of newspaper Pskov als to be labeled as ’foreign agents’ if and regularly report on their activities.