№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

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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. In Gubernia. FIDH and two of its member they engage in politics – in the broad the case of non-compliance, they will be organisations are deeply concerned about meaning of the term – in Russia and charged with fines and prison terms of up this first – and arbitrary – application of to five years. the law against human rights defenders, receive funds from abroad. FIDH activists and independent media outlets. and its member organisations ADC “The laws adopted last month establish Memorial and Citizens’ Watch warn control over any civil initiatives and allow Other draft laws, restricting civil liber- any engaged person who receives money or ties even further, are under consideration that the new amendments render assistance of any kind from abroad to be la- by Russia’s State Duma. One of the bills, if any independent civic engagement in beled as a ‘foreign agent’. The new legisla- adopted, would oblige organisations recog- Russia impossible. tion undermines the independence of civil nised as foreign agents to request authori- The new legislation allows to label or- society, as the dissemination of information sation for planned activities from the Min- dinary citizens and organisations without and international cooperation are only al- istry of Justice. In case of non-compliance, legal personality (a group of activists, for lowed insofar as the authorities can control the Ministry would be able to file a lawsuit instance) as ’foreign agents’ if they engage it.” - Stefania Kulaeva, head of ADC Memo- for the organisation’s dissolution. in politics in Russia and receive funding rial, a member organisation of FIDH FIDH, ADC Memorial and Citizens’ from foreign countries. Those vulnerable The laws and amendments ratified at Watch deeply regret the adoption of the new to being smeared by the label include hu- the end of 2020 are the latest in a series batch of ’foreign agent’ laws marking a new man rights defenders and journalists. The of so-called foreign agent laws going back spiral of repression in Russia. Our organi- term ’political activity’ is interpreted very to 2012. A law passed in December 2019 sations warn that this new legislation will broadly in the context of the law: printing stipulates that any individual receiving be applied arbitrarily against the most ac- out leaflets against illegal dumping or ex- foreign funding and distributing or creat- tive and engaged Russian citizens: against pressing an opinion about the authorities ing publications for a media outlet may be those who disagree with the government, on social networks would fall under this recognised as a media ’foreign agent’. This criticise corruption, and organise environ- definition. If a person engaged in such an law concerns not only journalists, but also mental rallies. FIDH, ADC Memorial and activity works for a foreign company or those who share publications on social me- Citizens’ Watch call on the international receives a Christmas money transfer from dia or give a quote to a journalist. For the community to consistently and unequivo- a relative living in a foreign country, this first time, on 28 December 2020, five peo- cally condemn the mounting repression in would fall within the scope of the new law. ple were labeled as ’foreign agents’ under Russia and take a firm stand in support of Under the new legislation – the latest this law, including human rights defender the vanishing Russian civil society. Lev Ponomarev, activist Darya Apakhon- in a series of progressively tightening anti January, 2021 ‘foreign agent’ laws – citizens who engage chich, journalists Lyudmila Savitskaya

2 ANTI-DISCRIMINATION

“FEMALE FACES OF PRO-DEMOCRACY PROTESTS IN BELARUS AND RUSSIA”: European Parliament’s Human Rights Committee discussion on the initiative of ADC Memorial

sister arrive with a long delay, their fa- sian Criminal Code (“collective actions that ther had been denied a meeting for the six grossly violate public order”). Journalists months of Maria’s arrest. Tatsiana Khom- Yekaterina Andreyeva, Darya Chultsova, ich urged to write letters to Belarusian po- Yekaterina Borisevich were also sentenced litical prisoners and express solidarity with to real prison terms for doing their job: they the Belarusian people. had covered the events in Minsk and other cities of Belarus in the media. Anastasia Shevchenko spoke about her criminal case, which had involved an In Russia, women are also prosecuted absurd charge of participation in the activi- for merely speaking out in defense of free- ties of an “undesirable organization”. Mrs. dom of association, freedom of assembly Shevchenko together with her children was and expression. Among the recognized under house arrest for 2 years despite the political prisoners are Zarifa Sautiyeva, fact that the organization “Open Russia” it- an Ingush public and political activist who self, for the connection with which she had has been under arrest for over a year and been persecuted, had not been recognized had spent half of this term in a pre-trial de- “undesirable” and continued to work in the tention center; Yulia Galyamina and Yana Russian Federation. In 2021 she received a Drobnokhod, who had been prosecuted un- suspended sentence, although she had de- der the infamous article for repeated viola- manded a complete acquittal. During one tion or regulations on public rallies now as- of the first interrogations, Mrs.Shevchenko sociated with activist Ildar Dadin, the use learned that her eldest daughter was dying of which the Constitutional Court of the in the hospital; the investigator did not let Russian Federation had found violating the the mother go to her sick child for a long right to peaceful assembly. Five more wom- time. She only managed to say goodbye to en were placed under house arrest for an On March 8, 2021, the Interna- her daughter, but was never able to bury alleged “sanitary violation” (allegedly, by tional Women’s Day, a discussion her ashes. calling people to out and protest, they had was held under the chairmanship of violated the existing Covid-19 quarantine Heidi Hautala, Vice-President of the Anastasia Shevchenko said that the restrictions), but, in fact, for the exercise of European Parliament. Among the number of women actively participating the right to freedom of assembly. Marina in politics in Russia was on the increase, participants of the discussion were Litvinovich, a member of the Public Moni- as was the number of women who were MEPs Sergey Lagodinsky and Mar- toring Commission of places of deprivation under arrest for their political views: Ly- keta Gregorova, representatives of of liberty in Moscow, was stripped of her ubov Sobol and Kira Yarmysh of the Anti- human rights organizations and var- mandate for expressing her support for Corruption Foundation, Lyusya Stein, a ious European bodies. Speakers in- women political prisoners. Daria Serenko, municipal deputy in Moscow, Pussy Riot’s cluded Tatsiana Khomich, a Belaru- who called on women to take part in the Maria Alyokhina , Anastasia Vasilyeva, the sian civic activist, sister of political “Chain of Solidarity” campaign, was be- head of “Alliance of Doctors” trade union ing harassed by dangerous extremists (who prisoner Maria Kalesnikava, Ana- are all currently under house arrest, and stasia Shevchenko, an activist of the call themselves “the Male state”), and this Moscow’s municipal deputy Yulia Galy- had been clearly deliberately unleashed pro-democratic movement in Russia, amina is being prosecuted for exercising the first to have been prosecuted for by the authorities and doesn’t meet oppo- the right to peaceful assembly. Anastasia sition from the latter. Women involved in participation in an “undesirable” Shevchenko urged to pay special attention organization, and Stephania Kulae- professional defense of victims of domestic to supporting the activists persecuted in violence are also prosecuted: right on the va, head of the Anti-Discrmination various regions of Russia, which are remote Centre “Memorial”. eve of March 8, 2021 “Violence.net” Centre from the capital, where the persecution of was officially entered into the register of Tatsiana Khomich recalled that af- dissenters was more terrible and less invis- organizations – foreign agents. ter the active participation of Belarusian ible. Anastasia Shevchenko urged to follow women in the protests of summer/autumn the legal cases of feminist Yulia Tsvetkova It is not only that the register of NGOs 2020, many of them were prosecuted: cur- from Komsomolsk-on-Amur (she is be- “performing the function of foreign agents” rently there are hundreds of people on the ing persecuted for alleged “pornography”, is being expanded, but Russia also intro- list of political prisoners of the Belarusian which had been supposedly detected in duced the list of “physical persons – foreign human rights center “Viasna”, and dozens very ordinary body-positive pictures de- agents”, which features people who are per- of them are women. At least 141 women are picting a woman’s body), as well as Yana secuted only for speaking out on their per- being currently persecuted in politically Drobnokhod from Novosibirsk, who had sonal pages in social media, among them motivated criminal cases. The most famous been imprisoned for peaceful solidarity ac- are women, two journalists and an artist of these women-political prisoners is Maria tions with Khabarovsk activists. from St. Petersburg, Daria Apakhonchich. Kalesnikava, one of the leaders of the Bela- Stephania Kulaeva of ADC Memorial MEP Sergei Lagodinsky began his rusian movement for a democratic transi- spoke about the persecution in Belarus of speech with words of support for activists tion of power. Her sister Tatsiana Khomich those who not only had not participated and human rights defenders, saying that he said that she often had to find new lawyers in protests, but performed their profes- considered it a great honor to join the cou- for Maria because of the constant repres- sional duties, including the repressed hu- rageous women defending human rights sions even against the lawyers; thus, Lyud- man rights defenders and journalists, such in Russia and Belarus, and assuring Ana- mila Kazak, the legal defender of Kalesni- as Marfa Rabkova, Ksenia Syromolot and stasia Shevchenko and Tatsiana Khomich kava, had her lawyer’s license wothdrawn. Tatsiana Lasitsa, volunteers of the Human that he was ready to continue to defend Communication with the prisoners is also Rights Center “Viasna”, who had been un- women – political prisoners. Heidi Hautala extremely difficult: letters from Tatsiana’s der arrest under Article 342 of the Belaru- and other speakers also spoke about this.

3 ANTI-DISCRIMINATION

AND THIS IS WHERE ART ENDS

The creative work of feminist is enraged that her parents allowed artists has become the subject of in- this’ and ‘things like this cannot vestigations by various forces—ag- be created in our society, girls can- gressive women-haters, opportunis- not do that.’ There were also verbal tic politicians, nationalist activists, threats (that I should be burned religious figures, and criminal and hung), including from women, courts—and is viewed by these con- and they were entirely real—people noisseurs of the arts as (circle what threw stones at me on the street sev- applies) “depravity – indecency – eral times when they recognized me. pornography – mockery of our na- One of the main complaints about me tional culture / traditional values was that I portray real women. Peo- – an affront to national / religious ple would say, ‘These are our sisters, / other pro-Putin sensibilities.” The daughters, future mothers; you have result of this attention from such disgraced them.’” concerned viewers has been various persecutions of female artists, from Alyon Saveleva, an artist from online bullying and a thorough Ufa, was also subjected to harass- thrashing in the press to criminal ment, which threatened to move charges and the real threat of physi- from social media to “reality,” because cal violence. she “portrayed various members of soci- in the Bishkek march spent the world- ety, including sexual minorities, in the wide flash mob to fight violence against national costumes of Bashkiria.” In her women, which was held on the streets Russian and global human rights words, all she wanted to show through organizations have asked Russia’s and in the squares of other countries the medium of art was that “My Bashki- on March 8, within the walls of a police prosecutor general to put an end to the ri people are the same as all other peo- persecution of the artist and activist precinct. The actions of people who ag- ples, and life here, as I thought, does not gressively oppose gender equality are Yulia Tsvetkova for body-positive “ar- differ from the world community.” But tistic portrayal of the female anatomy taking a positive symbol of Kyrgyz cul- the art only went so far before soil and ture and transforming it into a symbol dedicated to the openly stated goal of destiny took over. Even though many celebrating the beauty of the female of patriarchal violence and the suppres- viewers supported Saveleva, some were sion of women. The ak-kalpak’s national body.” The obvious fact that “Living shocked by the portrayal of “the naked women have…” periods, body hair, gray holiday, which was officially introduced bodies of Bashkiri men and women,” under a 2016 resolution of the Kyrgyz hair, and so forth (this is how Tsvetkova and participants in the impassioned dis- signed her drawings, and it was also the parliament “to preserve the importance cussion (which included nationalist ac- of the national headdress,” is celebrated name of an exhibition put on by other tivists, members of the Public Chamber, female artists to support her, which was on March 5, which makes it seem to representatives of political parties, and counterpose women’s day in terms of organized by Katrin Nenasheva, who even the head of the republic) accused was recently re-arrested) is so offen- time. This year it was held on Ala-too her not of “anatomy with pornography,” Square in Bishkek, while officials again sive to Russia’s repressive system that which was the case with Tsvetkova, but Tsvetkova faces a criminal sentence failed to authorize the March 8 women’s of “mockery of the Bashkiri culture,” march, citing the pandemic, which did of up to six years for “pornography.” since the anatomies of the men and “And how would the people persecut- not appear to interfere with the holiday women portrayed were covered with of men’s national headdress. ing Tsvetkova know that images of the “elements of the national dress.” The vagina have long hung in museums? audience was particularly sensitive to In 2018 ADC Memorial drew the This means that we must educate peo- pictures of traditional fox hats. ple, organize virtual exhibitions and attention of the UN Committee on the Elimination of All Forms of Racial Dis- lectures,” said the female artist Aidan This story brings to mind another Salahova, who started a flash mob in crimination to how elements of national story that is also about hats and women. dress are zealously bestowed with holi- support of Tsvetkova in 2020. And she Last year’s March 8 women’s march in has a point: How would they know?… ness and sometimes even forced on peo- the Kyrgyz capital of Bishkek was dis- ple (in particular, in 2018 the Kyrgyz rupted by the local version of the Rus- Some viewers of the work of Tajik parliament submitted the draft law “On sian Cossacks and SERBovtsy and Kyrk Assigning the National Headdress Ak- artist Marifat Davlatova rejected her choro activists wearing ak-kalpaks (the work, and not just because the models kalpak the Status of a Cultural Symbol” national Kyrgyz head attire for men) for public debate. This draft law includ- were nude; they also had an aggres- after the police failed to act, or, more sive reaction to the national flavor of ed clauses such as “The procedure for precisely, abetted. “I was walking there wearing an al-kalpak shall be deter- her paintings: “I had an exhibition de- and saw stones flying at us, and these voted to women in Dushanbe in August mined by the Government of the Kyrgyz guys in ak-kalpaks running,” recounted Republic” and “An ak-kalpak cannot be 2018. I wanted to show the beauty of the artist Tatyana Zelenskaya, who partici- female body, the female soul as a pro- used for anything other than its desig- pated in the march. She expressed her nated purpose.” The law also proposed test against harassment on the streets, feeling—suffocation from injustice—in violence, and stereotypes. I portrayed that male civil servants would be re- a bitter and expressive self-portrait quired to wear it and stipulated liability women in national costumes. There where she is being led away by police was a positive reaction, but also nega- for “desecration” of the al-kalpak). At officers and men in ak-kalpaks are de- the same time, national dress is already tive criticism along the lines of ‘this stroying signs and attacking women in girl is sick, she didn’t get married and popular in Kyrgyzstan—many people the background. Over 70 participants wear it with pleasure and at their own

4 ANTI-DISCRIMINATIONПРАВА ЛГБТИ

will, and human rights defenders have reported cases where it has RUSSIAN HARASSMENT OF A “RUSSIAN WOMAN” been imposed and rejected (for ex- ample, in Osh Oblast, where a large percentage of the population is com- prised of Uzbeks, the regional lead- The song Russian Woman, which ini- national fluidity, and this can’t be any ership forced schoolteachers to wear tially appeared to be a simple manifesto better than gender! And it is this appari- clothing with national Kyrgyz ele- for moderate feminism and fashionable tion of the non-binary world that makes ments during work hours). body positivity that was entirely appro- traditionalists recoil. They cannot be con- priate for the Eurovision contest, where vinced by some people’s attempts to de- The “male state,” as repre- “politically correct” messages have tri- ride her – hey, singing and dancing is ex- sented by the eponymous group of umphed for many years, provoked an actly what migrants from the far reaches women-haters and by other natural outpouring of phobias in Russia that ex- of the empire are supposed to do: “There and legal persons, feels the full sup- ceeded all expectations. There’s no doubt were even special singing and dancing port of the state, and sometimes it that this song was allowed to win during peoples, like the Georgians. Or the Jews seems that it acts at the orders of “viewer voting” on Channel One; Russia playing on the violin or fortepiano. Like and certainly with the silent agree- made the calculated decision to submit folklore. This is obviously objectification, ment of the latter, as was the case such a clear, straightforward, under- but it’s not discrimination”. Apparently with the March 8 march in Bishkek standable, and politically-correct song the author of these words understands or the threat against the female art- with the refrain: Hey, Rashin Woman, objectification as assigning the violin ist and activist Darya Serenko, who Don’t be afraid, girl, You strong enough, and fortepiano to the Jews and, let’s say, launched a “Day of Solidarity” with You strong enough, Don’t be afraid. the guitar and tap-dancing to the Roma Yulia Navalnaya and female politi- And the singer’s biography matches the or polyphonic singing to the Georgians. cal prisoners during the recent pro- words: Manizha is not afraid to speak That’s objectification, “but not discrimi- tests. out domestic violence or support women’s nation.” I have already had the opportu- rights. She also supports the rights of mi- nity to write specifically about discrimi- Many of our female contempo- grants, refugees, and even LGBT+ peo- nation and dances, the stigmatization of raries are forced to live in the suf- ple, but you have to be “pretty strong” for people, genders, and social role that are focating circumstances of the “male this. The nomination of this song, by this intended to please the eyes of the power- state.” Regardless of what side of performer, could not pass without a scan- ful in the world. A stereotype (what does the Caucasian or Ural ridge we’re dal from opponents of the “new moral- objectification have to do with it any- on, this is our shared reality—when ity,” but the wish to win the competition, way?) is obviously always discrimination, the police respond to domestic vio- to show Europeans that we weren’t born and the imposition of a role, generally de- lence and promise to come only yesterday, turned out to be more impor- grading, even if it is “festive.” Georgians, “when there’s a corpse,” when tel- tant. This courageous step in the direc- Tajiks, Jews, Roma, Africans, Russians evision programs transmit the em- tion of European values has worked for – they can sing or invent machines, they bodiment of traditional values in now – the song has garnered millions of can play the violin or plow the earth, they the form of the forced marriage of a views on Eurovision’s website and is one can enter contests or drive trains. No schoolgirl, when mothers are not al- of the most popular. one tells them – older women, younger lowed to raise their children: “Once women, or girls – what to do – and none of upon a time, I don’t know in what But we also didn’t have to wait too them have to move beautifully, look beau- century, a shepherd in a sheepskin long for the scandal. Manizha checked tiful, or dress beautifully. Cultures and hat who had sent his sheep to graze, off all the boxes – born in Dushanbe, eth- languages can be mixed on the stage, as sat down beside the fire and started nic Tajik, singing in several languages. they have long been in modern life. It is of coming up with fantastic stories, Nationalists from every party and every these simple things that Manizha sings, traditions, adats, where the woman age group were terribly offended that challenging the mad flame of racism, sex- is essentially not a person. Wom- a young Tajik woman – Okay, she grew ism, and discrimination in all its forms en aren’t worth anything here in up in Moscow, but that doesn’t matter to and manifestations. Chechnya. Women have many rights them – would be singing “for Russia.” As under Islam, but actually for us, for if that weren’t enough, she was not sing- Protectors of the purity of Russian the Nakh peoples, for Chechens and ing a song about “Persia, Persia, fruit culture have conducted an entire expert the Ingush, women are purely incu- heaven” or something about “Dark Eyes”; evaluation of Manizha’s song, embellish- bators, cleaners, servants, and noth- she actually composed and sang a song ing their text with such a large number of ing more. So you come into a family, about a Russian women, and the words words unknown to simple Russian speak- you bear children, but these are not “Rashin Woman“ were written in capital ers that they have no business accusing your children. They belong to the letters on the back of her outfit. She could the singer of using Surzhyk (which is last name.” have somehow or other gotten away with understood to mean “Rashin”). What is words about the right of women to dress the worth of the following expressions Dr. “Your body is a battleground”— how they want, to have children or to not Ponkin and Dr. Slobodchikov used: “pejo- this is the oft-cited yet timely slo- have children, and to not be perfectly ratively offensive, dysphorically derisive gan of a Barbara Kruger silkscreen slim, if not for this provocation about (through the achievement of introjec- (1989), and this is far from a theo- the non-Russianness of this “Russian tion)…also creating allusions to images… retical battleground—for the right woman,” who doesn’t try to hide this at mixed with botanical exemplifications” of women to life, to liberty, and to all. After all, patriots love some perform- and so forth. art. ers, even though they can guess that they are also “national minorities,” but those How can we not make fun of you! performers try not to emphasize this. But Manizha does not just emphasize this, Olga ABRAMENKO she builds her identity on the image of a Stefania KULAEVA March, 2021 “non-Slavic, non-Tajik woman.” We can March, 2021 say that she is declaring her cultural and

5 ANTI-DISCRIMINATION

THE STRUGGLE TO ABOLISH PROFESSIONAL PROHIBITIONS FOR WOMEN CONTINUES

RUSSIA KYRGYZSTAN In Russia, starting January 1, 2021, a shortened list of professional occu- Human rights movement “Bir Duino Kyr- pations prohibited for women was introduced. Revision of the list had been fa- gyzstan” seeks to abolish the existing discrimina- cilitated through the cooperation of various human rights defenders with trade tory bans on women’s work in Kyrgyzstan. ADC unions and the media. However, this largely is the merit of the women them- Memorial in collaboration with the experts of this selves, the heroines of the #AlJjobs4AllWomen campaign, who had actively organization has submitted reports to the Commit- advocated giving them the right to work in their chosen professional occupa- tees of the UN Human Rights Council on numerous tions. Employment opportunities for women in the transportation sector in occasions, while the two organizations have also Russia have been significantly expanded this year: first women drivers of sub- provided for national advocacy on the abolition of way and electric trains have already started their work, while more and more gender bans in the labor sphere. On March 3, 2021, women drive trucks now and work on maritime and riverine vessels. But not “Bir Duino Kyrgyzstan” sent and published an all professional occupations are yet available to women. It is necessary to abol- public call to the new government of the Kyrgyz ish the prohibitions that continue until now, and the work for this purpose con- Republic, its Prime Minister Mr. U. Maripov, tinues. In early March, Inna Svyatenko, head of the Federation Council’s (up- concerning the “Plan of Priority Government per house of Russian parliament) Committee on Social Policy, sent an appeal Measures for 100 Days”, which also mentioned the to the Ministry of Labor requesting a further revision of the list of professional need to cancel the list of professional occupations occupations prohibited for women and expansion of the list of permitted types prohibited for women: “We ask you to pay atten- of work for women in civil aviation. On March 24, 2021, Deputy Labor Minis- tion to inequality in labor and the importance of ter Andrey Pudov announced that the government was preparing a decree on supporting the partnership of government and the admission of women to work as aeronautical technicians and the possibil- business with independent trade unions in order ity of further reducing the list of prohibited professional occupations (in case to protect the rights of workers... It is important of positive results of a special assessment of labor conditions at the workplace). to urgently cancel the list of professional occupa- tions prohibited for women and provide equal access to jobs through the governmental resolution of the Kyrgyz Republic, as there still exists open discrimination and humiliation of women’s rights”. On March 5, 2021, during the online conference “The Right to Work: Combating Gender Discrimination and Violence” on the platform of the International monitoring mis- sion on labor rights in Central Asia, BDK again stressed the need to abolish the list of profes- sions prohibited for women in Kyrgyzstan. Kyrgyzstan’s Public Foundation “Insan Leilek” also joined in, carrying out its information campaign against gender discrimination in the professional sphere “Your profession is your choice”.

KAZAKHSTAN During the 43rd United Nations’ Session one БЕЛАРУСЬ year ago the official delegation of Kazakhstan Belarusian “Her Rights” Centre for the Promotion of Women’s supported the UN recommendations to abolish Rights continues its struggle to abolish the list of professional occupa- the list of professional occupations prohibited for tions prohibited for women in Belarus. Earlier the Centre prepared women. In early August 2020, Elvira Azimova, the joint report “Discrimination against women in the employment sphere Commissioner for Human Rights in the Republic of in Belarus” in cooperation with the ADC Memorial for the United Na- Kazakhstan, sent an official letter to the President tions’ Committee on the Elimination of Discrimination against Women of the Kazakhstan Mr. Tokayev with a proposal (UN CEDAW). ”Her Rights” Centre currently is in correspondence with to exclude from the Labor Code of the Republic of the state bodies of the Republic of Belarus concerning the possibility Kazakhstan the legal norm on restricting female of canceling the list of professional prohibitions for women. In October labor in heavy, harmful and hazardous types of 2020, Irina Kostevich, Belarusian Minister of Labor and Social Protec- work, while at the same time expanding the list tion, announced the country’s plans to cancel this list, but so far there of medical counter-indications for both men and no changes have been introduced into the national labor legislation. women working in hazardous working conditions. Throughout February 2021, “Her Rights” Centre held discussions Kazakhstan’s feminist initiative “Feminita” on women’s labor rights and organized meetings with experts and fe- continues to carry out advocacy and information male workers in the professional fields, where women rarely work. work for the abolition of the list of professional occupations prohibited for women, as the lat- The Centre believes that “through advocating the abolition of the ter restricts professional choice of women in the list of professional occupations prohibited for women, we advocate better country. Earlier “Feminita” together with ADC jobs and improved working conditions for all people, regardless of gen- Memorial have raised the problem of discrimina- der. Work should be safe for everyone, not just women. It is important to tory bans in Kazakhstan in a joint report to the improve working conditions to the better level of safety for all people in UN CEDAW session. While demonstrating the all sectors. This process can last for years, but it can only begin when the vulnerability and economic insecurity of women protection of the health of all citizens becomes a priority for the state”. in Kazakhstan during the Covid-19 pandemic, Belarusian Organization of Working Women currently carries out its “Feminita” showed with arguments that by deny- information campaign “All jobs for all women in Belarus” (as part of the #AlJ- ing women the choice of a profession, the latter jobs4AllWomen international campaign) in order to push for abolition the list were not given equal opportunities to survive the of jobs and professional occupations prohibited for women in this country. global crisis with minimal losses for themselves.

6 ПРОТИВ ДИСКРИМИНАЦИИ

STEPHANIA KOULAEVA ON DISCRIMINATION AND STATELESSNESS IN CRIMEA AND THE DONETSK BASIN

The online discussion “Neither control the regions these people are from here nor there: Life in Crimea and (strange as it may seem, Ukraine does not the Donetsk Basin,” which was have a central database of its citizens), organized by the international the authorities cannot confirm citizen- legal partnership Global Rights ship. This situation dooms people to an Compliance LLP, was held on March extended stay in the prison-like conditions 18. The discussion was devoted to the of foreign national detention centers and human rights situation in Crimea essentially makes it impossible for them and the Donetsk Basin after 2014. One to leave Russia legally, since they do not of the speakers was ADC Memorial have documents. We recorded a number expert Stephania Koulaeva: of these cases and helped people get out of these facilities. One case involved an The focus of our work is people vul- orphan from Luhansk who ended up in nerable to discrimination. We try to draw Russia without documents during the war. attention to groups that are especially vul- Another case involved a woman whose nerable to discrimination and repressions, common-law husband – a Russian citi- even though these groups may be totally zen – was seriously ill and had a group 1 apolitical and often do not have a civic po- disability status. She took care of him sition or even citizenship. and could not leave. In both cases, these people spent extended periods in deten- Everyone who finds themself in a con- tion facilities. The woman’s common-law flict situation, or, to be more specific, a husband died before she was released. We war, suffers from it. Many have lost their For example, a child was born to one Roma also know of several cases where the Rus- lives, even more have lost housing, and family during the fighting. This was in a sian migration authorities communicated some have been subjected to persecution tabor near the village of Sartana, outside with the so-called authorities of Donetsk and repressions even when they did not Mariupol. Everyone probably knows that and Luhansk and obtained their consent take any actions. When we hear something there was active fighting there. So a child to transfer these people across the bor- about the Crimean Tatar population, it is was born there, but all the vital records der with these territories. In other words, usually about activists, who face political offices in Mariupol were closed and there Ukrainian citizens who call themselves repressions because of their rejection of was no way to get a birth certificate. The Ukrainian citizens end up in a situation the Russian government’s policies. But we family had a terrible time getting through where it looks like they have no connec- have tried to show that the entire Crime- all the checkpoints with this child. tion to Ukraine, and Russia hands them an Tatar population faces discrimination, Another story is about a refugee fam- over to the DPR and LPR. This situation just like the entire Ukrainian-speaking is changing now because more and more population of Crimea. This means that ily where the daughter-in-law had no documents. It unfortunately happens people are obtaining Russian citizenship, people who do not have or even cannot but rights violations still continue. have convictions (like children) still be- frequently that a young woman is given come the victims of discrimination and, in marriage and starts living in a fam- The next topic is our report (with sup- accordingly, human rights violations. ily without a passport from any country. port from the Center for Civil Liberties) These could be young women brought to “Violation of LGBTI Rights in Crimea and We have attempted to document the Russia from Kazakhstan or from Russia Donbass.” We attempted to compare the events since the very start of Russia’s ag- to Ukraine, for example. I spoke with one situation in both places. Crimea is now un- gressions. ADC Memorial’s first report such young woman named Cheryomukha, der Russian law, which is quite homophobic on these topics is called “Roma and War” whose family brought her out in the trunk and bans so-called “promotion to minors (2014-2015) and describes violations of the of the car, hidden under things. [of a non-traditional sexual orientation].” rights of the Roma population in the east- This essentially put an end to any public ern districts of the Donetsk Basin, which We prepared a joint report with our colleagues from the Kiev-based organiza- activities by LGBTI+ organizations and ac- were open combat zones at the time. We tivists. It turned out that similar laws were recorded the situation of Roma people who tion Right to Protection titled “Stateless- ness in Russia and Ukraine.” Even though in effect in the Donetsk Basin and had been came directly under fire and others who adopted by the de facto authorities. were forced to flee. Most of the refugees the report is not only about the Roma pop- headed for Russia because they had heard ulation of Russia and Ukraine, most of the on television that they would get support people featured in it are of Roma origin. there. In reality, upon their arrival in Rus- Another part of this report is devoted to sia these people did not receive any actual people who actually did have citizenship assistance (with housing, medicine, and so but could prove it. These included Ukrain- forth) and found that their path to legal ian citizens who left the eastern regions residence was closed. for work and lost their documents for some reason (theft, loss). They were detained by Two years later, during a less active the Russian authorities and as they were phase of the conflict, we prepared a second prepared for expulsion, which happens all report, which we titled with a quote from the time in Russia with migrants from any one of our informants: “For today, they country, the authorities sent queries to don’t seem to be shooting…”. This report the foreign ministry of the corresponding uses photographs to recount how the re- country. If a person says they are a citizen gion’s Roma population and refugees were of Ukraine, a query is sent to Ukraine’s living. Foreign Ministry. The Ukrainian govern- The Roma population is in a particu- ment frequently does not confirm citizen- larly difficult situation because someone ship. We encountered this situation over in almost every family is undocumented. and over again. Since Ukraine does not

7 ANTI-DISCRIMINATION

The next topic is our report (with ROMA WOMEN AND GIRLS IN WAR ZONES support from the Center for Civil Lib- erties) “Violation of LGBTI Rights in NEED SPECIAL PROTECTION Crimea and Donbass.” We attempted to compare the situation in both places. Crimea is now under Russian law, which is quite homophobic and bans so-called “promotion to minors [of a non-tradi- On the eve of the Interna- tional sexual orientation].” This essen- tional Roma Day, ADC Memorial tially put an end to any public activities informed the UN Human Rights by LGBTI+ organizations and activists. Council about the situation of It turned out that similar laws were in Roma women and girls affected by effect in the Donetsk Basin and had the military conflict between Rus- been adopted by the de facto authorities. sia and Ukraine. This informa- And our last report of 2017 was tion will be used for the thematic about racism in Russia. We wrote the report of the UN High Commis- section on the Crimean Tatar and sioner for Human Rights on this Ukrainian-speaking populations of topic. Crimea in conjunction with Crimea- SOS. The Crimean Tatar people experi- The situation in the East of ence cultural, linguistic, and religious Ukraine remains unstable, and re- discrimination with a political context. cently it escalated. During this un- This applies not just to activists, but to everyone, including children in schools declared war, thousands of militar- and day cares. This applies to people ians and civilians were killed; the who are simply working with their cul- Ministry of Social Policy of Ukraine legal stay in Russia. Those Roma who ture, with their language. It is becoming reports about 1.46 million registered joined their relatives found themselves harder and harder to receive an educa- internally displaced persons; the in the conditions typical for compact tion in the Crimean Tatar language, Ministry of Internal Affairs of Russia Roma settlements: overcrowding, lack and people are even sometimes prevent- reports about hundreds of thousands of basic facilities, risk of demolition and ed from speaking their native language of Ukrainians who received Russian eviction, and the inability to safely and at school or work. This shows signs of citizenship during the years of the legally connect to electric, gas and water ethnic discrimination, which we have conflict, including residents of the networks. Many women faced difficulties done a great deal of work on in relation unrecognized “Donetsk and Luhansk in accessing medical care, receiving pen- to other ethnic groups in the Russian People’s Republics”. sions and social benefits, as cards issued Federation. And this is also superim- by Ukrainian banks could not be used in posed on Islamophobia, on how people The number of Roma who left Russia. There were also problems with perceive Crimean Tatar names and ap- their former places of residence in birth registration and obtaining person- pearance. All this together can be called the war zone was estimated at about al documents. racism and ethnic discrimination (these 6,000 in 2014. All the problems typi- terms are defined in contemporary in- cal of Roma communities in Eastern Displaced children in both countries ternational law, see the position of UN Europe (lack of personal documents, were forced to drop out of school, and CERD). low level of education, poverty, risk of very few were able to continue their stud- racist violence) were exacerbated by ies in a new place. Children from com- We are preparing a new report on the war. Roma women found them- pact Roma settlements, even those with this topic, which will be published on selves in a particularly difficult situa- Russian citizenship, find it difficult to our website on March 21, the Interna- tion , because in traditional communi- get an education; for migrant children tional Day for the Elimination of Rac- ties they were the ones responsible for the access to education is more difficult. ism. This report will contain updated running the household, cooking and Often, parents who try to survive in a information about the current situation caring for children, and they were new place of residence, do not have the in Crimea, two to three years after the the ones who were looking for ways resources and do not prioritize educa- original report. to survive in a situation of war and tion, especially the education of girls. the daily risk of violence by military Local authorities and schools did not pro- groups. vide assistance to the displaced children, although they knew about families who In Ukraine, Roma women face came with children from the military difficulties in obtaining the status conflict zone. of internally displaced persons and appropriate assistance; obstacles in Various UN Committees have repeat- accessing medical care, including as- edly referred to the problem of Roma in sistance for children and pregnant the war zone in Eastern Ukraine in their women. The problem is caused both recommendations (CEDAW, CERD, CE- by the lack of personal documents SCR on Russia and Ukraine). The prob- and by prejudice, which is most wide- lems of the Roma residents of Russia and spread against Roma women. Ukraine affected by the military conflict should be the subject of constant moni- In Russia, most of the Roma who toring by international bodies, especially fled the war in the Donbas did not now, when the risk of military escalation meet the help and support they had is high again. expected. In particular, they could not manage difficulties of ontaining legal status and documents that allow April 7, 2021

8 ANTI-DISCRIMINATION

DISCRIMINATION AND BUREAUCRACY IN PLACE OF SECURITY AND DEVELOPMENT: ADC Memorial Discusses the Situation of Russia’s Roma Population at the Sova Center Conference

‘Organized’ and ‘unorganized’ forms of discrimination: the destruction of Roma homes in Plehanovo declared “illegal structures” by a court and anti-Roma pogrom in Ust-Abakan

ADC Memorial expert Olga Abra- Russia’s Federal Agency for Ethnic the mass demolition of homes in the menko spoke about the situation of Affairs (FAEA) reports that “the state Roma settlement of Plekhanovo in 2018 Roma people in Russia at the con- system for monitoring interethnic and by alleging that the residents were en- ference The Cost of Security, which interconfessional relations and prevent- gaged in the drug trade). Local authori- was organized by the Sova Center for ing conflicts before they escalate has ties understand such “messages” if not Information and Analysis. The dis- recorded a high level of potential for as guidelines for action, then at least as cussion was titled “Discrimination conflict in dense Roma communities in a way to justify structural discrimina- in Russia Today. On Unorganized a number of constituent entities of the tion that the Roma minority has tradi- Forms of Discrimination.” Russian Federation.” The FAEA record- tionally faced in Russia. ed 48 such events in the second half of 2020 alone. Meanwhile, in recent years the Recent years have seen a spike in “ethnic question” has acquired a cum- spontaneous anti-Roma actions when In the case of the Roma minority, bersome bureaucracy in the form of pogroms occurred following conflicts or “unorganized” forms of discriminatory the Strategy for State Ethnic Policy of crimes suspected of having been commit- behavior have become possible largely the Russian Federation Through 2025 ted by a Roma person and Roma residents because “organized” forms of discrimi- (2018), the attached State Program of were forced to flee. The most notorious nation are widespread and condoned the Russian Federation “Implementa- cases occurred in Urazovo (Belgorod by the government. These forms of be- tion of Ethnic Policy” (2018), the Com- Oblast, 2018, when a Roma person was havior include the destruction of Roma prehensive Roadmap for the Socioeco- accused of a terrible crime and almost homes declared “illegal structures” by nomic and Ethnocultural Development 70 Roma residents had to flee); in Ust- a court, the segregation of children in of Roma People in the Russian Federa- Abakan (Khakassia, 2018, when over “Roma classes,” and the presumption tion (the current version was approved 500 residents of a dense Roma settlement of guilt and ethnic profiling in the law in 2019), and the FAEA’s Best Practices were forced to flee and their homes were enforcement and judicial systems (for for Working with the Roma Population subsequently looted after the police failed example, 28 people – all of them Roma – for executive bodies of Russia’s constit- to take action; the Roma were not able to are still on trial after the notorious eth- uent entities and local self-government settle in another place and the adminis- nic conflict in Chemodanovka). bodies (2019). tration filed a lawsuit to demolish the il- legal structures); and in Chemodanovka Prejudice against Roma people and These documents provide for a cer- (Penza Oblast, 2019, when a mass brawl legal nihilism in relation to them is tain amount of funding, contain assess- ended in a fatality and over 900 Roma transmitted from the very top (for ex- ment indicators, and require results residents were forced to leave). ample, the Russian president justified and reports from local authorities and

9 ANTI-DISCRIMINATION

the responsible authority (the FAEA). former nomadic lifestyle. In its most re- of citizens who have a positive view of For example, the FAEA must report to cent report to the UN Committee on the the state of ethnic relations; share of the government twice a year on its im- Elimination of All Forms of Racial Dis- citizens who do not feel discriminated plementation of a comprehensive “Roma crimination (2020), it reports in its typi- against on the basis of ethnic, linguistic plan” and gather information for this cal manner that “There have been no or religious identity; share of citizens purpose from the regions. We can agree established cases of the segregation of who do not have negative feelings about with many of the points made in the Roma children. In some rural schools, foreign nationals; and number of ethnic FAEA reports, particularly in regard to so-called Roma classes have been or- and religious conflicts. response to ethnic conflicts and ways to ganized in response to requests by The state report to UN CERD prevent them: parents, taking into account the ethnic (2020) cites data from the Russian Pub- traditions and nomadic lifestyle of this lic Opinion Research Center (RPORC) “An analysis of the situation at ethnic group. For the same reasons, in showing that “overall satisfaction with the local level shows that local gov- some educational institutions, distance the state of interethnic relations in the ernment bodies often start tak- learning and after-hours classes are ar- country among the general population ing meaningful measures to settle ranged for these children…. The Procu- stands at 78 percent, with 22 percent conflicts only after news about an rator General of the Russian Federation considering relations to be friendly and escalating situation spreads beyond the has received no reports of violations of 56 percent describing them as smooth regions, and they sometimes quietly at- the right of Roma children to receive an and conflict-free. Among those polled, tempt to squeeze Roma communities education in accordance with federal 87 percent said they bore no resentment out of the area… education standards, nor of discrimi- or hostility towards members of any In addition, planned regional nation against Roma children in the ethnic group. The overwhelming ma- measures to socialize Roma people field of education or the establishment jority (96 percent) had not experienced are often superficial and declara- of separate classes or remedial classes hostility or enmity based on their own tive in nature and do not have any di- for Roma children in general educa- ethnicity within the past year.” rect impact on the main causes of social tion establishments.” He who has eyes It is difficult to believe these excel- tension…. to see, let them see: the segregation lent results. In 2015, a comprehensive The unilateral and often biased and discrimination of Roma children sociological study by the very same way in which the media presents is still widespread in dozens of Rus- RPORC and FAEA titled “Socioeconom- materials and the fact that Roma sian schools, as are other violations of ic, Ethnocultural, and Legal Problems people are not very involved in meas- the right to education. This problem is of the Roma People in Russia” showed ures to harmonize ethnic relations fac- well-known and characteristic not just that 50 percent of respondents had tor into this to a great extent…. of Russia, so it is distinctly unprofes- negative feelings about Roma people Materials from constituent entities sional of the FAEA to conceal this prob- (35 percent felt distrust and fear and and government bodies rarely provide a lem from itself or justify it by citing the 15 percent felt irritation); 74 percent of full picture. It is impossible to take proverbial “nomadic way of life.” respondents believed that Roma people meaningful measures that could As far as preventing ethnic con- disregard the law and live by their own improve the situation without a flicts is concerned, the State Program rules; 27 percent agreed with the state- deep understanding of the ongoing to implement the ethnic policy includes ment that many Roma people are hon- processes.” a special subprogram: subprogram 7 est workers, while 55 percent disagreed; “Preventing extremism on national and and 48 percent believed that Roma peo- However, neither the FAEA nor the religious grounds.” This subprogram ple do not have permanent residences. Russian government recognizes racism contains a quantitative assessment of A 2018 Levada Center poll showed as one of the causes and constant back- effectiveness and sets the tasks of in- that the Roma are the most “undesira- grounds of structural discrimination creasing the number of ethnic conflicts ble people.” As Nadezhda Demeter, head against the Roma in Russia. The agen- identified by the monitoring system of the Federal National Cultural Auton- cy’s reports contain one-sided criticism and settled in their early stages and omy of Russian Roma, put it, 43 percent of the Roma population for “lacking a decreasing the number of conflicts that of respondents would “not allow them common set of values and low involve- “flare up” and reach the federal or re- in Russia.” The situation had worsened ment in social institutions,” “poor legal gional levels. Judging by the events in somewhat by 2020, when this figure literacy, widespread archaic traditions, Chemodanovka, Ust-Abakan, and other stood at 44 percent of respondents (as a welfare mentality, and mass viola- places, local authorities have chosen the compared to 35 percent in 2010). tions of the right of children to an edu- path of denying the ethnic nature of the cation.” This last point is very reveal- conf licts and the problem of racism, pre- The increase in xenophobia in re- ing: Responsibility for the fact that the ferring to suppress information and in- lation to Roma and the explosive eth- absolute majority of Roma children do terfere with the work of journalists and nic conflicts and anti-Roma actions of not finish school and that many only human rights defenders. This is prob- recent years force the question of how receive an elementary education in the ably why many conflict situations (at effective the “bureaucratic” work of best cases is put entirely on the parents. least of the 48 recorded by the FAEA in the state bodies responsible for ethnic Moreover, the FAEA completely ignores the second half of 2020) did not become relations in Russia has really been. As the problem of segregation in schools known to the wider public. This means long as they are going to sugarcoat real- and the absence of normal access to a that rosy statistics can be created, but ity and suppress problems for the sake school education for thousands of Roma the causes of the conflicts will not dis- of some pretty numbers in their reports children. appear without systemic measures. and the appearance – on paper – that they are implementing plans and strate- Russia also denies segregation in its The Strategy for State Ethnic Policy gies, the situation with ethnic relations reports to international bodies, but in and the State Program for its imple- will not improve. these reports the FAEA does not criti- mentation also include quantitative in- cize the Roma and instead shows “re- dicators for efficiency like level of civic spect” for Roma traditions and for their identity (as a Russian national); share June 23, 2021

10 ANTI-DISCRIMINATION

VERDICT ANNOUNCED IN THE CASE OF ANTI-DUNGAN POGROMS IN KAZAKHSTAN

The longest terms of imprison- called the verdict “relatively fair”. He sia, many others are thinking about pack- ment (15-20 years) were received by welcomed the imposition of a suspended ing up their suitcases. Sentencing several the attackers, whose actions (includ- sentence on both the ethnic Dungans Dungans to real prison terms will not keep ing the use of firearms and running and the convicted Kazakh pogromists, people from leaving. We will appeal this people over with cars) led to the as most of them had been tricked into en- verdict in court”. deaths of several people. gaging in the conflict. “The true culprits Mr. Daurov emphasized that during have not been convicted, the root causes the trial the lawyers of Schimar Sangui Among the ethnic Dungans, who of this conflict have yet to be unearthed,” and Ersa Daurov have proved their in- were among the defendants in this case, he said. Mr. Daurov attaches particular nocence. In addition, further claims for the most severe punishments were given importance to a private ruling, which the damages will be filed, since the com- to Schimar Sangui and Yubur Cheshan- court should issue to the Kazakhstan’s pensation paid to the Dungans, who had lo, who were charged and sentenced for State Committee for National Security, suffered from the pogrom (213 million murder (16.5 years in prison), and Ersa the police, the prosecutor’s office, and tenge), is much less than the damage Daurov – for shooting at police officers the local akimats [local self-government], that had been originally estimated by the (16 years in prison). Three Dungans, who due to the inaction of which the pogrom- first government commission (1.7 billion also had been charged with murder, were ists freely traveled to the Dungan villages tenge). acquitted from these charges, but they and went back together with the looted Mr. Daurov pointed to the one-sided were sentenced to 5 years in prison each property without any restraint. coverage of the conflict in the media and for participating in the riots. “It is important for us that such con- concealing of facts about its organized The majority of convicts (a total of flicts never happen again in any part of nature of pogroms: 31 persons) have received suspended sen- Kazakhstan,” Mr. Daurov said. “The “We must call things by their proper tences (5-6 years) for participating in the worst thing is what people have endured, names. In order to solve the problem, you riots and inciting the riots. These include – he added. – The women, who had stood need to find the reasons, to admit the six ethnic Dungans, who had been forced all night in a ravine and had covered the existing deficiencies. Unfortunately, na- to defend themselves and their families mouths of their babies so that they would tionalistic sentiments have intensified in from the rioters. not cry and the thugs would not hear them. Kazakhstan. This does not do any good Of the 51 defendants, only one – Is- Our people have not yet recovered from the to Kazakhstan, which was famous for its mar Ushirov, an ethnic Dungan – was stress, from the shock they had endured. peacefulness and friendship between peo- acquitted, since his guilt was not proven. People are at a loss. Unfortunately, about ple of various ethnicities”. Khusey Daurov, chairman of the 200 families left for Kyrgyzstan, for Rus- Dungan Association of Kazakhstan, April 27, 2021

ONE YEAR AND A HALF SINCE THE ANTI-DUNGAN POGROM IN THE KORDAY DISTRICT OF KAZAKHSTAN

One year ago, on the night of February 7-8, 2020, the largest ethnic conflict in recent years took place in Kazakhstan – the pogrom of Dungan villages of Masanchi, Sortobe, Bular Batyr and Aukhatty. According to official reports, as a result of the pogrom, ten Dungan and one Kazakh persons were killed, hundreds of people were injured, while damage to property belonging to the Dungan people, both destroyed and damaged (including houses and other buildings, trade facilities, vehicles), amounted to millions of dollars. Thousands of Dungans were forced to leave their homes and flee to the neighboring Kyrgyzstan.

Despite the obvious fact that it was the Dungans who have become the victims, the Kazakhstan authorities are still in no hurry to recognize the interethnic nature of this conflict and failed to classify the incident as mass riots. On March 11, 2020, the Prosecutor’s Office of the Republic of Kazakhstan reported that 120 criminal cases had been initiated in connection with the pogroms in the Korday region, but it is still unknown whether all suspects in crimes against the Dungan people, which had included murders and bodily harm, destruction of property and theft, had been properly identified and detained. In September 2020 Kazakhstan reported that about 60 persons had been charged and the courts have already sentenced 7 pogromists, but later the actual prison terms were replaced by other restrictions of freedom.

At the same time, residents of Dungan villages reported intimidation and psychological pressure, searches and detentions at night with the participation of servicemen of special military units in these actions. The military were hiding their faces behind masks, carried interrogations for hours, resorted to torture and beatings during these interrogations. Many of the Dungans who had faced the courts on various charges, claimed that they had been tortured during the investigation. In particular, at a hearing on January 18, 2021, one of them shouted: “We were beaten, tortured with electric shock!” After the trial another Dungan prosecuted person inflicted bodily harm on himself, explaining his act by the fact that the convoy had beaten one of the accused in front of him.

In August 2020, as part of the urgent response procedure, the UN Committee on the Elimination of Racial Discrimination considered the situation of the anti-Dungan pogroms and stated that Kazakhstan, as a signatory state of the Convention on the Elimination of All Forms of Racial Discrimination, was obliged to ensure an effective and independent investigation of the events of February 7-8, 2020, as well as effective protection of the Dungan minority, reparation and support for victims, access of independent observers to the Korday region. There was no official response from the Kazakhstan authorities to this statement since then.

11 ПРАВАANTI-DISCRIMINATION ЛГБТИ

THE UN CERD AGAIN REQUESTS INFORMATION FROM THE GOVERNMENT OF KAZAKHSTAN ABOUT THE ANTI-DUNGAN POGROMS HAPPENNED IN FEBRUARY, 2020

Under its early warning and ur- persons belonging to the Dungan mi- In accordance with Article 9(1) of gent action procedure, the UN Com- nority committed by non-Dungan per- the Convention and article 65 of its mittee on the Elimination of Racial sons in the Korday district; (ii) the Rules of Procedure, the Committee Discrimination again requested measures adopted to ensure reparation would be grateful to receive a response information from the government to the victims of the these events; and, to these additional allegations outlined of Kazakhstan on the current situ- (iii) the creation of a special authorized above by 14 July 2021. In particular, it ation of the Dungans living in the body within the Ministry of Informa- requests the State Party to provide in- south of the country and the meas- tion and Social Development to take formation on: ures taken by the authorities to concrete actions to ensure the safety of overcome the consequences of the all the citizens of Kazakhstan, regard- (a) The results of investigations ini- conflict. less of ethnicity, race, religion, or other tiated on the above-mentioned events of factors. February 2020. Please specify whether those convictions, acquittals and sen- In particular, on April 30, 2021, Since its previous letter of 7 August tences involve persons belonging to the Yanduan Li, the CERD Chair, ad- 2020, the Committee has received and Dungan minorityor non-Dungan per- dressed the Permanent Representa- considered further informationon the sons; tive of Kazakhstan in the UN with matter, according to which the court a letter of request on the results of proceedings on the above-mentioned (b) If available, the steps the Gov- the investigation of the events of violent eventswere held inthe city of ernment has taken to make information February 7-8, 2020; on the sentences Taraz, located approximately 300 km on the results of these investigations ac- (convictions, acquittals) issued to from the villages where the events took cessible to all persons and communities the representatives of the Dungan place. It is alleged that this distance affected; minority and the aggressors; on made it difficult for relatives of victims, (c) Measures taken to investigate what the government has done to witnesses and other relevant parties ensure transparency of the inves- allegations of torture and violence by to attend the court sessions. It is also law enforcement officers on the Dungan tigation and the trial, as well to reported that some villagers have been ensure the access of all interested defendants that reportedly took place beaten during the investigations, and during police investigations in Dungan parties to participation in court that there have been cases of self-inflic- hearings; on the investigation of villages in 2020 as well as in the course tion of bodily harm by defendants dur- of the court proceedings; reported torture and arbitrary ac- ing the court proceedings. tions of police officers; on the verifi- (d) Measures taken to ensure the cation of reports on the pressure of The information received further participation of all interested parties in the authorities on local Dungans in alleges that in December 2020, law the court proceedings held in the city of order to prevent their claims; on the enforcement officers collected signed Taraz; restoration of property in Dungan guarantees from members of the Dun- villages and compensation for dam- gan community stating that they would (e) Measures taken to investigate al- age; on measures aimed at strength- not participate in court sessions, which legations that law enforcement officers ening tolerance among the involved according to local Dungans would mean solicited signed guarantees from Dun- communities and their trust to state abandoning their claims for compensa- gan persons that they would not par- institutions. tion for the lost property. ticipate in court proceedings related to the events in Dungan villages referred Additionally, according to informa- to above; The Committee expects a response tion received by the Committee, the rel- from the authorities of Kazakhstan by evant authorities of Kazakhstan have (f) Any progress achieved in re- July 14, 2021. not responded to the allegations of ar- building houses and businesses and in bitrary arrests and torture despite an providing compensation and assistance open letter by members of the Dungan to the Dungan victims of the violent 30 April 2021 community addressed to the high offi- events of February 2020; cials of Kazakhstan, on 8 May 2020. In (g) Measures taken to strengthen this regard, the Committee notes that trust in State institutions as well as to Excellency, your Government’s reply provides no enhance tolerance among the commu- information regarding the allegations I write to inform you that in the nities affected. of torture against persons belonging to course of its 103rd session, the Com- the Dungan minority and their defend- Allow me, Excellency, to reiterate mittee considered further the situation ants. the wish of the Committee to continue of the Dungan minority in Kazakhstan to engage in a constructive dialogue under its early warning and urgent ac- Reportedly, despite some positive with the Government of Kazakhstan, tion procedure. In this regard, the Com- efforts by the authorities of Kazakh- with a view to ensuring the effective mittee refers to its previous letter of 7 stan to find solutions in response tothe implementation of the Convention. August 2020 relating to the same mat- events of February 2020, many persons ter and thanks the Government for its belonging to the Dungan minority are Yanduan Li reply of 30 October. still afraid of the possible recurrence Chair Committee on the of violence against them. They are also The Committee takes note of the Elimination of Racial Discrimination concerned about possible obstacles, such information provided by your Govern- as denial of access to rented lands and ment, particularly in relation to:(i) the water supply that may prevent them to ongoing investigationsof the violent carry out their traditional agricultural events of 7 and 8 February 2020 against activitiesfully.

12 ANTI-DISCRIMINATION

ADC MEMORIAL INFORMED THE UN ABOUT VIOLATIONS OF THE RIGHTS OF ETHNIC MINORITIES IN THE EX-USSR COUNTRIES

Submissions from civil society contrary to the guarantees and agree- on the night of February 7 to 8, 2020, will be used for preparing the report ments listed in the Declaration on the there was an armed pogrom against of the UN High Commissioner for Hu- Rights of Minorities, the Convention on several Dungan villages; as a result 10 man Rights “Effective promotion of the Elimination of All Forms of Racial Dungans and 1 Kazakh were killed, the implementation of the Declara- Discrimination and other respective in- hundreds of people were injured, and tion on the Rights of Persons Belong- ternational documents. These violations huge damage was caused to the property ing to National or Ethnic, Religious are systemic in nature, so the UN Hu- of Dungans. This conflict has not been and Linguistic Minorities”. The re- man Rights bodies should call on the au- recognized by the Kazakhstan authori- port will be presented at the 76th ses- thorities of these countries to respect the ties as having ethnic grounds, and the sion of the UN General Assembly. rights of ethnic, linguistic and religious Dungans have not yet been recognized minorities. Special attention should be as victims of it. Despite some positive In its submission, ADC Memorial pro- paid to the rights of indigenous peoples efforts of the authorities in 2020-2021 vided an overview of the situation of some and those minorities who do not have (reconstruction of roads, gasification ethnic minorities in the region of Eastern statehood / autonomy and are therefore of villages, restoration of a number of Europe and Central Asia: the Crimean not sufficiently recognized by the au- houses and buildings destroyed during Tatar people in the annexed Crimea; the thorities of the countries where they live. the pogroms), the social climate in the Roma population of Russia; the indigenous The report pays special attention area leaves much to be desired. Many peoples of Russia; the Mugat (a Roma- to the situation of Dungans living com- Dungans are afraid of possible obstacles like group living in Central Asia); ethnic pactly in the south-east of Kazakhstan. to their traditional agricultural work minorities of Tajikistan (Pamiri peoples, In the absence of a proper integration (refusal to rent land and water supply, Yaghnobi minority); the Dungan minority policy, linguistic, cultural, religious and which creates risks for investment in in Kazakhstan; the Uzbeks in Kyrgyzstan. other differences between the local Ka- this business). In all the situations considered, vio- zakhs and Dungans became factors of al- lations of the rights of ethnic minorities ienation of these two ethnic groups that occur due to the state’s “national policy”, turned into an open conflict. A year ago, April 2021

ADC MEMORIAL INFORMED THE UN SPECIAL RAPPORTEUR ON THE RIGHT TO ADEQUATE HOUSING ABOUT DISCRIMINATION FACED BY ETHNIC MINORITIES AND PEOPLE WITH DISABILITIES IN RUSSIA

The UN Special Rapporteur on against forced evictions in accordance The report pays special attention the rights to adequate housing will with international law, and provide al- to the situation of people with disabili- include information received from ternative housing to Roma families in ties, in particular, people with mental civil society in a report to be pre- case of demolition. disabilities living in psychoneurologi- sented at the UN General Assembly cal institutions (PNI) that are closed, in 2021 and at the UN Human Rights The ancestral lands of the indige- usually located behind a high fence, ac- Council session in 2022. The report nous peoples of Southern Siberia — the cessible with a pass system. These in- of the ADC Memorial highlighted Khakas, Shors, and Teleuts –are locat- stitutions systematically violate human violations of the rights of the Roma ed in areas rich in coal. Coal mining in rights and freedoms guaranteed by the population of Russia; the indigenous the Kemerovo region where Shors and Constitution of the Russian Federation inhabitants of Southern Siberia Teleuts live, takes place since the 1970s and the International Convention on (Khakas, Shors and Teleuts); persons and continues to expand, destroying the Rights of Persons with Disabilities with disabilities. the natural and cultural environment ratified by Russia in 2012. People are of local residents. In the last decade, doomed to remain there for life, they coal companies have come to the ter- are deprived of the opportunity to live Discrimination in the sphere of ritory of the Koibal steppe – a unique independently and exercise their right housing has different forms in case of natural complex in Khakassia. Coal to adequate housing. An alternative to these groups. For example, in compact mining has already caused irreparable PNI can be accompanied living, a prac- Roma settlements the houses and land damage of the environment; rivers and tice of home living of small groups of are not or partly registered; the Roma water objects, air and land were seri- people who need help, with the support inhabitants often become victims of ously polluted, and indigenous peoples and supervision of specialists and provi- forced evictions and demolitions of can no longer hunt and carry out their sion of all the necessary assistance and houses although this is their only hous- traditional activities of agriculture. Re- services (medical, educational, etc.). ing. The practice of forced evictions cently, the territories of compact indig- The Russian authorities should as soon contradicts the guarantees and agree- enous settlements have become subject as possible adopt a law on “distributed ments listed in the Declaration on the to the increased development of the coal guardianship” that is pending under Rights of Minorities, the Convention on industry. By deceiving, blackmailing consideration by the State Duma since the Elimination of All Forms of Racial and intimidating the indigenous people, 2016. Discrimination and other international the authorities transfer these lands to instruments, and should be immedi- coal companies for commercial use in ately stopped. The Russian authori- violation of current legislation. ties should take legislative measures Maj 2021

13 ANTI-DISCRIMINATION

THE APPEALS COURT SUPPORTED INDIGENOUS PEOPLE OF KOYBALSKAYA STEPPE

On November 5, 2020, the Eighth plots from farmers in order to expand of lands for industrial use would have Appeals Court of General Jurisdic- their coal mining area. a negative impact on the unique eco- tion annulled two resolutions (No. logical systems of Koybalskaya steppe, 151 and No. 152) of the Government In order to do this, representatives which violated the rights of local resi- of the Republic of Khakassia dated of coal companies with the support of dents for a healthy environment. De- April 15, 2019. According to these the regional authorities, had held pub- spite the numerous arguments, which resolutions, a total of 17 land plots lic hearings in the settlements located proved the illegality of the decisions belonging to Khakassian farmers in the immediate vicinity of coal mines adopted by the Government of Khakas- had to be seized in favor of two coal in order to get approval for the trans- sia, the ruling of the Supreme Court of companies, Mairykhsky Mine and fer of agricultural lands into lands for the Republic of Khakassia dated No- Arshanovsky Mine, which are ex- industrial use. The vast majority of the vember 11, 2019 nevertheless refused to ploiting coal in Koibalskaya steppe. local population was opposed to the use satisfy the administrative claim. During the court hearings, it was of these plots by coal companies, but proven that both resolutions had the local deputies and officials ruled Having disagreed with the opinion been adopted contrary to the legal in favor of the latter, having falsified of the Supreme Court of Khakassia, the requirements concerning provision the results of the public hearings. Af- lawyers of “Rodnaya Step” filed another of public services, as well as without ter the end of the hearings, on April legal complaint with the Fifth Appeals taking into account numerous vio- 19, 2019, the Deputy Governor of the Court of General Jurisdiction. In addi- lations of land and environmental Republic of Khakassia Yuri Kurulayev tion to the already indicated grounds legislation by the coal companies. signed two decrees of the regional gov- for their legal claims, it was also indi- ernment: No.151 (“On the transfer of cated that Mairykhsky Mine, when fil- land plots located in the Beysky district ing its application for the transfer of Anti-Discrimination Centre “Memo- from the category of agricultural land land plots, had not stated in the project rial” has repeatedly raised the problem to the category of industrial and other documentation that it had intended to of violation of the rights of indigenous special purpose land”) and No.152 (“On use the lands for coal mining, while at peoples by various coal mining operat- the transfer of a land plot located in the the same time referring to placement of ing in Southern Siberia, noting in its Beysky district from the category of ag- industrial facilities as the basis for the human rights report “I won’t Have Any ricultural land to the category of indus- transfer, although in reality its plans Life Without This Land” that “over trial and other special purpose land”). had been different. In addition to that, the last decade, coal companies have the plaintiff drew the court’s attention come to the territory of the Koybals- In the fall of 2019, activists of the to the fact that there was no evidence of kaya steppe, a unique natural complex “Rodnaya Step” public environmental registration of the application of Mair- in Khakassia. Coal mining has already association, which defended the inter- ykhsky Mine for the transfer of land caused irreparable damage to the en- ests of the local indigenous people of from one type of use to another in the vironment, and local rivers and water Koybalskaya steppe, filed a lawsuit electronic document database, which reservoirs, air and land have been seri- with the Supreme Court of the Republic proved the existence of a gross violation ously polluted”. of Khakassia demanding to annul both of existing regulations concerning pro- of these resolutions. In substantiating vision of public services when resolution A large Beysky Сoal Deposit is locat- their claims, lawyer Viktor Azarakov, No. 151 had been adopted. ed in Khakassia, where a total of seven who represented “Rodnaya Step” in open-pit mines have been developed. court, stated that the contested deci- Having considered the arguments Four of them – Arshanovsky, Vostoch- sions didn’t comply with the provisions of both parties, the court agreed that no-Beysky, Kirbinsky and Mairykh- of two Russian federal laws (No.101-FZ the resolutions of the Government of sky – are used for mining coal by open “On the turnover of agricultural land”, the Republic of Khakassia No.151 and pit method on the territory of the Koy- which requires to ground the transfer No.152 did not comply with the legal balskaya steppe, the place of residence of agricultural land on the principle norms of the federal legislation and de- of the indigenous Khakassian commu- of preserving the intended use of land clared them annulled. nities. Most of the local indigenous peo- plots, and No.172-FZ “On the transfer ple are farmers, and agriculture is their of land or land plots from one catego- Representatives of the coal com- only source of income. These lands, ry to another”, which states that the pany, not wanting to put up with this which are also rich in coal, are current- transfer of land plots from one category court decision, filed another complaint ly used by farmers for grazing livestock to another is not allowed in the event with the Eighth Appeals Court of Gen- and making hay. Understandably, the that the requested designated purpose eral Jurisdiction, which, having con- local residents oppose the coal industry of the land plots does not correspond sidered this case on November 5, 2020, and refuse to transfer their land plots to the approved documents of territo- dismissed the coal mining company’s to coal companies, which, in turn, are rial planning and other documentation complaint and finally declared the reso- trying to get new territories by vari- on the mapping of the territory). The lutions of the Government of Khakassia ous means, including illegal ones, while plaintiff drew the court’s attention to annulled. violating the individual and collective the fact that the coal mining companies rights of indigenous people. had not provided land reclamation pro- jects, which had to passed through the In the spring of 2019, two coal com- state environmental expertise. The law- panies, Mairykhsky Mine and Arsh- suit also indicated that the transfer of anovsky Mine, tried to seize 17 private agricultural land plots into the category

14 ANTI-DISCRIMINATION

A NEW REPORT BY ADC MEMORIAL AND HUMAN & ART LABORATORY WITHIN THE UN UPR OF THE SITUATION OF HUMAN RIGHTS IN TAJIKISTAN

have not been resolved. Improving the The return to Tajikistan of children situation of Mugat requires systematic who left without care abroad is still car- state efforts, which, in particular, was ried out within the framework of the law recommended to Tajikistan by the UN enforcement system and is regulated by Committee on the Elimination of Racial the outdated Agreement on Cooperation Discrimination (2017). The situation of of the CIS member States on the Return the above mentioned ethnic minorities of Minors to their States of Permanent had been described in an alternative re- Residence (2002). It is necessary to hu- port of ADC Memorial to the UN CERD manize the procedure of the return of (2017). children in line with modern standards of children’s rights in order to stop the The problem of gender equality, in- practice of immigration detention of cluding equal rights of women at work, children in closed institutions. ADC is acute in Tajikistan. The Labor Code Memorial raises this issue as part of the and a special government decree (2017) #CrossBorderChildhood campaign. explicitly prohibit women from working in 326 jobs, including the highly paid The human rights situation in Ta- transport sector. Such discriminatory jikistan will be considered in the frame- prohibitions were inherited by inde- work of the Universal Periodic Review pendent states from Soviet legislation, for the third time (the 39th session of and recently abolished in some coun- the UPR is expected to be held in Octo- tries (Ukraine, Uzbekistan) or reduced ber 2021). Within the previous reviews The report raised the issues (Russia) as a result of the efforts of both (2011, 2016), there were addressed gen- as of non-recognition and insuffi- women workers and Human Rights de- eral recommendations to Tajikistan on cient support for ethnic minorities fenders. The #AllJobs4AllWomen cam- support for women and children, on the (Pamir, Yaghnob, Mugat (Jughi)); paign of ADC Memorial and its partners adoption of anti-discrimination legis- discrimination against women at on elimination of the lists of prohibited lation and measures to ensure gender work (the list of professions pro- professions is going on. equality, but there were no specific hibited for women); discrimination recommendations on the observance of against LGBTI+; insufficient sup- The report of ADC Memorial and LGBTI+ rights. The problems of ethnic port for Tajikistan migrants work- Human & Art Laboratory raises the is- minorities in Tajikistan have not been ing abroad and their children; non- sue of discrimination against LGBTI + raised in the framework of the UPR be- compliance of the procedure for the in Tajikistan: homophobic prejudices fore. repatriation of migrant children widespread in society, hate speech in with modern standards of chil- the statements of public figures and in dren’s rights. the media, hate crimes, repressions by law enforcement agencies (special raids, maintaining LGBTI+ lists, violence April 2021 ADC Memorial and the Human & and arbitrariness). The situation of LG- Art Laboratory raised the problems of BTI+ in Central Asia is described in ethnic minorities in need of recogni- detail in the report of the ADC Memo- tion and support measures. The Pamiri rial, the Human & Art Laboratory and peoples represent a specific cultural other partner organizations: “LGBTI+ and linguistic community, but it is not in the Central Asian region: repression, taken into account even during the cen- discrimination, exclusion” (2020). sus; their languages, even those having literacy and developed textbooks, are Tajikistan is a donor of huge labor not included in the education system; migration, while the rights of Tajiks not enough is being done to expand the working abroad are not sufficiently pro- scope of the Pamiri languages (mass tected not only due to the harsh migra- media, radio and television broadcast- tion policies of the recipient countries ing). The same can be said about the (mainly Russia), but also the insuffi- small ethnic group of Yaghnob people cient response of the Tajikistan author- who need support both in the places of ities to such violations of the rights of their historical residence in the high- labor migrants as non-investigation of lands, and in the territory where they hate crimes, police brutality, arbitrari- were resettled in the 1970s. The Mugat ness of employers, refusal to accept chil- (Jughi) remain a marginalized ethnic dren of labor migrants in schools, sepa- group and face structural discrimina- ration of migrant children from their tion in all spheres of life: the problems parents. The children of migrants who of personal documents, access to qual- remain in Tajikistan without sufficient ity education and employment, social parental care also require special atten- and medical care, and adequate housing tion.

15 ANTI-DISCRIMINATION

CONCERNS VOICED ABOUT THE SITUATION OF ETHNIC MINORITIES IN KYRGYSTAN Press Release of ADC Memorial and the Human Rights Movement Bir Duino Kyrgyzstan, November 2, 2020

In alternative information submit- ted to UN CERD in October 2020, ADC Memorial and Bir Duino Kyrgyzstan expressed their concern about the plight of ethnic minorities in a time of social and political instability fol- lowing mass protests, the president’s resignation, and the postponement of parliamentary elections.

One cause for alarm is a recent initia- tive announced by the country’s new prime minister to start listing ethnicity (nation- ality) in passports again. A measure like this may heighten discrimination against and even persecution of members of ethnic minorities. The requirement to document one’s national identity is founded on a re- turn to the Soviet principle of “national- ity in passports” (which was previously known as Item 5—in Soviet passports this item listed nationality, which resulted in mass discrimination against members of non-titular groups). However, people can Photo by Markus Meier have diverse identities, including national, religious, and linguistic identities, which 2018 following Kyrgyzstan’s report on its lawyer and another appeal from Bir Duino may be manifested in one way or another implementation of the Convention. There Kyrgyzstan for his release. The State Peni- (in blog posts, clothing, artistic work), were three recommendations: guided by tentiary Service categorically refused the while a passport only concerns citizenship, Views of the UN Human Rights Council official request of Bir Duino Kyrgyzstan which is dangerous to compartmentalize and humanitarian reasons, release the to call a private ambulance for Askarov into nationality. human rights defender Azimjan Askarov in spite of his critical condition: he could ADC Memorial and Bir Duino Kyr- from prison; create a hybrid national/ not move on his own, had lost a great deal gyzstan also noted that ethnic minorities international mechanism to review all of weight, and was coughing and having living in dense settlements have faced ad- cases connected with the June 2010 ethnic trouble breathing. The recommendations ditional risks during the COVID-19 pan- violence and restore justice for those con- of UN CERD (2018) and the decision of UN demic: They have been poorly informed victed with bias; and reintroduce instruc- HRC (2016) have not been implemented, about the dangers of COVID-19 and pre- tion and exit exams in the Uzbek language even though Bir Duino Kyrgyzstan worked vention measures because they do not and ensure a non-discriminatory policy in for many years through the court system speak the Kyrgyz or Russian languages the areas of education and use of mother to achieve Askarov’s release. After review- to an adequate degree, do not use the in- tongues. The Kyrgyz government reported ing Askarov’s case in light of new circum- ternet or social media, and follow religious to the Committee on its implementation of stances related to the UN HRC decision, and traditional practices. The groups these recommendations in July 2020. on May 13, 2020, the Supreme Court up- called on the Government of the Kyrgyz The Government of Kyrgyzstan held the life sentence issued by the Bazar- Republic to consider the specific needs has not implemented the prioritized Korgonsky District Court of Jalal-Abad and lifestyles of ethnic minorities to recommendations of the UN Commit- Oblast. On June 12, 2020, the Administra- minimize the risk of the spread of tee on the Elimination of All Forms of tive Court of Bishkek rejected Askarov’s COVID-19 in these communities. Racial Discrimination: procedural appeal, in which he requested that the actions of the Government of the The groups believe that the developing The death of Azimjan Askarov in Kyrgyz Republic be found ineffective in situation in Kyrgyzstan requires the atten- custody was the tragic result of many relation to implementation of the HRC’s tion of and a response from international years of the Kyrgyz government ig- Views in his case; on August 20, 2020, the bodies: Kyrgyz authorities during the noring calls for his release from Kyr- Bishkek City Court dismissed the claim transitional period and in the future must gyz civil society, international organiza- of Askarov’s widow, Khadicha Askarova, guarantee observance of the rights of eth- tions, heads of states, and public figures. requesting that she be recognized as the nic minorities and maintain ethnic peace The 69-year-old human rights defender claimant’s legal successor in this admin- and harmony. and journalist sentenced to life imprison- istrative case and upheld the previous rul- ment died on July 25, 2020, five days after The alternative information prepared ing issued by the Bishkek Administrative the Kyrgyz authorities informed the HRC by ADC Memorial and Bir Duino Kyr- Court. On October 30, 2020, the Supreme that “the state of A. Askarov’s health is gyzstan relates to the implementation Court rejected the cassation appeal. The satisfactory; he is being monitored by med- of prioritized recommendations made Kyrgyz authorities did not view Askarov’s ical personnel at the prison and is periodi- by the Committee on the Elimination advanced age and critical state of health, cally receiving the medicine he needs” and of All Forms of Racial Discrimination his detention conditions, which did not two days after his last meeting with his to the Government of Kyrgyzstan in met the minimum standards for prisoner

16 ANTI-DISCRIMINATION treatment, or the COVID-19 pandemic as reasons sufficient to pardon him and re- The Special Rapporteur on minority issues: lease him for humane reasons. Bir Duino “INTERETHNIC RELATIONS IN Kyrgyzstan has initiated a forensic medi- KYRGYZSTAN REMAINS FRAGILE” cal expert review and an investigation into the causes of Askarov’s death in custody. UN CERD’s recommendation to create a hybrid national/internation- al mechanism to review all cases of persons convicted in connection with the June 2010 violence has not been implemented. For example, convicted person Fakhridin Ashirov is still serving his sentence even though the HRC found that Kyrgyzstan violated Article 7, in con- junction with Article 2 (3) and Article 14 (1), of the International Covenant on Civil and Political Rights. The Views of the UN HRC on review of the cases of Kh. Erba- baev, A. Davudov, A. Saydarov, and E.K. Vasilov, who have served their sentences, and payment of compensation in connec- tion with torture, illegal arrest, and unfair trials have not been implemented. Justice has also not been restored for ethnic Uzbek entrepreneurs, who were deprived of their businesses and property following the 2010 events. For example, Gafurzhan Dadazhanov, an entrepreneur from Nookat District, Osh Oblast who lost his land plot, garden, and business, still In February 2021 the report of cant decline in the number of schools cannot use his land 10 years after the eth- the Special Rapporteur on minor- teaching the Uzbek language, and their nic conflict, even though a court and the ity issues Fernand de Varennes on massive transfer to the Kyrgyz and Rus- State Agency for Land Resources have rec- the situation in Kyrgyzstan follow- sian language of teaching at the south ognized his ownership rights. ing his official visit to the country of the country and few lessons of mother in December 2019 was published. No provisions have been made to tongues of minorities in the school cur- implement the recommendation to of- riculum (1 hour per week). fer secondary exit exams in Uzbek— ADC Memorial welcomes the report and the recommendations of The Special Rapporteur has ex- the Kyrgyz authorities explain that this pressed deep concern regarding the is not economically feasible because few the Special Rapporteur that are ex- situation of the Mugats and has high- graduates want to take the exam in Uzbek tremely actual these days after the lighted, in particular, the lack of access and because parents do not want this op- recent elections and preceding mass to education of Mugat children and bad tion anyway. Prior to the ethnic conflict, protests. study conditions. ADC Memorial has de- there were schools in South Kyrgyzstan The UN expert has highlighted scribed this problem in its joint report that provided Uzbek language instruction; the achievements of Kyrgyzstan in with Bir Duyno to the UN CERD (2018), now instruction is predominantly in the the harmonization of interethnic and in the joint report with “Kyrgyz In- Kyrgyz and Russian languages. But the relations – in particular, attention digo” to the UPR (2019). small number of people wanting to take the to the recommendations of the Com- exam is the result of the educational policy mittee on Elimination of Racial Dis- The expert emphasized that the of recent years, the narrowing sphere of crimination (2018) and adoption of government of Kyrgyzstan has not ful- Uzbek language use, and a decline in the an Inter-agency plan to implement filled the decision of the UN Human status of this language. This sharp drop the recommendations, that includes Rights Committee to release human in Uzbek language instruction following rights defender Azimzhan Askarov, a the 2010 events has lowered the quality of the elaboration of comprehensive anti-discrimination legislation and representative of the Uzbek minority education, and not just because Uzbek chil- who has been unfairly sentenced to life dren are no longer able to receive a mother improvement of education at the lan- guages of minorities. imprisonment and who died in the pris- tongue education, but also because teach- on in May 2020. ers who taught in Uzbek often do not speak Together with that, the Special Kyrgyz or Russian well enough to teach in Rapporteur has highlighted that the The Special Rapporteur has also re- these languages. This means that students mentioned legislation has not been ported that civil society organizations, from former Uzbek schools do not perform adopted yet, and the efforts of the human rights defenders, and journal- well on the state exit exam and are not pre- government are insufficient to keep ists, including those who protect the pared to enroll in an institution of higher the interethnic relations stable. rights of minorities, often face persecu- education. Very few Kyrgyz universities tion and are forced to work in a hostile offer a specialization in Uzbek philology, There are several ongoing risk environment. so it’s likely that teachers of Uzbek will factors, such as the underrepresen- age out of the workforce and that no new, tation of minorities in the civil ser- young specialists will take their place. vice and law enforcement, a signifi-

17 ANTI-DISCRIMINATION

13th UN Forum on Minority Issues: PANDEMIC-DRIVEN RISE IN HATRED MUST BE STOPPED

In November 2020, the 13th UN The problems of increasing inequal- crimes. Thus, in Kazakhstan, during Forum on Minority Issues took place, ity of groups more vulnerable to the the pogroms of the Dungan minority’s this year it was held online and dedi- impact of the pandemic were reflected compact settlements in the south of the cated to hate speech and overcoming in the European Commission’s Anti- country in February 2020, social net- it. Presented there were the recom- Racism Action Plan 2020-2025, which works were used not only for insults, mendations developed during previ- had been issued on September 18, 2020. but also calls to join the pogromists, ous regional forums, including the The Council of Europe noted that gen- and after this conflict, the number of European Regional Forum on Mi- der inequality lead to intersectional hate messages and disinformation has nority Issues, in which the experts of discrimination against women and girls only increased. The lack of adequate Anti-Discrimination Centre “Memo- belonging to minorities, and the Coun- response by the government officials rial” had taken part. More than 70 cil gave special attention to the latter to the actions of the criminals actually regional recommendations had been in its new anti-sexism standards, Rec- meant tacit approval of the pogromists, adopted concerning international ommendation “Preventing and Combat- thereby increasing the risks of attacks legal and institutional regulations ting Sexism”. on other ethnic minorities, for example, in order to create a safe information Uighurs, Kurds, etc. environment for minorities. Regional Earlier, the European Commission recommendations will be taken into against Racism and Intolerance called In Uzbekistan, social networks are account in the report of the Special on governments to ensure that vulner- being systematically used as one of Rapporteur on minority issues to able groups have access to all neces- the main means for not only bullying, the 46th session of the UN Human sary services during the lockdown and threats and extortion, but also organ- Rights Council, which will be made recommended to include human rights izing attacks on LGBTI+ people. ADC in March 2021. specialists in working groups or advi- ”Memorial” wrote about this in detail sory councils working to overcome the in its report “LGBTI+ in the region of The European Commission against difficulties and consequences of the Central Asia: repressions, discrimina- Racism and Intolerance (ECRI) in its COVID-19 pandemic. The Commission tion, exclusion”. noted that the authorities had a prima- general recommendation No. 15 consid- Hate speech coming from public ers hate speech as statements contain- ry responsibility to protect and support victims of hatred, especially during and religious leaders, government of- ing advocacy, promotion or incitement of ficials and other influential individu- enmity, denigration, vilification of the this difficult period when marginalized groups became ever more vulnerable. als is most dangerous because it shapes whole communities or their particular public opinion. In addition, hate speech representatives, hatred or harassment Social media has become the most is becoming a tool of dirty political cam- of them, spreading negative stereotypes popular tool for spreading hate speech paigns and technologies: for example, in about them, which are stigmatizing or during the pandemic. For example, in Kyrgyzstan, opponents of one of the po- threatening. The Commission points 2020, hate speech on Facebook grew litical parties widely sent out SMS mes- out that hate speech can take the form drastically from 10 million to 23 million sages that this party would “continue to of public denial, justification or con- noted cases, and this data is only from defend and promote gay rights”, using donation of hate crimes, glorification automatic identifiers that work in just the high level of public homophobia to of persons for having committed hate a few dozen languages, while this social reduce the public rating of their oppo- crimes; can reflect or promote superior- media platform supports a total of more nents. ity over those to whom such statements than a hundred languages. It is not al- are addressed; be aimed at inciting vio- ways possible to remove inappropriate Hate speech often prevails on lence, threats or discrimination. ECRI content from social networks in time; the Internet when discussing certain is going to update the standards regard- representatives of vulnerable groups groups, such as the Romani minor- ing protection of minorities from hate often do not know that they can contact ity, especially in the Eastern Europe speech by the end of 2021. the administration of the social network and Central Asian region. Members of right-wing groups also use it for their The COVID-19 pandemic also gave for protection. According to experts, of the three types of minorities – ethnic, propaganda, which leads to hate crimes. rise to a new wave of hate speech and Thus, compact Roma settlements are discrimination: in media and on social religious and linguistic – it is the latter that are most often deprived of protec- systematically subjected to pogroms in networks, ethnic Chinese and Asians, Russia and Ukraine. representatives of ethnic and religious tion from hate speech on social networks. minorities have been accused of spread- The fundamental principles of the In the OSCE region, about 70-80% ing the virus, anti-Semitic conspiracy international legal response to online of hate crimes in 2018 were committed theories flourished, migrant-phobia hate speech are contained in the re- against religious and ethnic minori- and anti-Romani/Gypsy stereotypes port of the UN Special Rapporteur for ties. In most countries, punishment for were stirred up. freedom of opinion and expression. In hate crimes formally exists but is rarely applied. This problem is especially rel- Addressing the short-term and long- early 2020, a new Committee of Experts on Combating Hate Speech was estab- evant for the countries of Eastern Eu- term impact of the COVID-19 pandem- rope and Central Asia, in most of which ic, the UN guidance note on addressing lished within the Council of Europe to prepare draft recommendations on com- there is no comprehensive anti-discrim- and countering COVID-19 related to ination legislation, while law enforce- hate speech (May 2020) is aimed at pro- bating hate speech, including in online environment. ment and judicial authorities rarely viding guidance for authorities, social include a hate motive when qualifying media, mass media and civil society in Social media have been known to the crimes. addition to the earlier adopted Strategy play a key role not only in spreading and Plan of Action on Hate Speech. hate speech, but also in inciting hate

18 ANTI-DISCRIMINATIONПРАВА ЛГБТИ

“REVERSE RAINBOW” Violations of the rights of LGBTI+ people in Eastern Europe and Central Asia Publication for the International Day Against Homophobia, Transphobia, and Biphobia on May 17, 2021

Russia has enshrined discrimination against LGBTI+ people in the law in the form of a ban on “the promotion of non-traditional relationships between minors,” which effectively places restrictions on any serious conversation about sexual orientation and gender identity (SOGI), on the distribution of information, and on events (gay pride marches, demonstrations, protests). In the Republic of Chechnya, LGBTI+ people face arrest, violence, and murder (both within the family and in prison), and gay and lesbian Chechens who leave for other regions of Russia are threatened and sometimes kidnapped and taken back to Chechnya, where they are tortured in prison..

Turkmenistan and Uzbekistan still have criminal prosecution for homosexual relations. Hundreds of men in Turkmenistan have been convicted under these charges, sentenced to extended prison terms, and subjected to torture and humiliation. In Uzbekistan, dozens of men are prosecuted under a similarly discriminatory article of the country’s Criminal Code. The Uzbek government is considering revoking this article, but there are fears that the criminalization of same-sex relationships will persist in one form or another.

In Tajikistan, it is impossible to publicly discuss LGBTI+ rights, register human rights organizations and combat discrimination on the basis of SOGI, or speak openly about orientation and identity. Both society and the government reject LGBTI+ people and practice various types of “traditional treatment” for homosexuality, “rebukes,” and so forth.

LGBTI+ activists in Azerbaijan are persecuted; any attempt they make to appear in public space (in the media, at any demonstration) is suppressed, and human rights defenders are subjected to repressions.

In Belarus, restrictions on freedom of speech and expression have peaked in the past year, with independent NGOs, activists, and journalists facing persecution. Most LGBTI+ human rights defenders have been forced to flee the country or conceal their activities.

Kyrgyzstan and Kazakhstan have LGBTI+ initiatives that have been able to help some victims of discrimination, but it is extremely difficult and even often impossible for them to speak out publicly at pride marches, in the media, or on political platforms. Like activists, the entire LGBTI+ community is under constant pressure from the conservative and religious part of society, and many suffer from being rejected by their families and at work and have to deal with danger on the streets and bribery and extortion by the police.

Armenia is discussing a comprehensive antidiscrimination law, but the request of the LGBTI+ community and human rights defenders to add SOGI as one cause of discrimination has been met with resistance from both legislators and the church. Patriarchal relationships in many families and communities and, often, harassment result in exclusion, loneliness, and psychological trauma for many LGBTI+ people. However, there have been cases when Armenian courts have recognized discrimination on the basis of SOGI. In one case, people were denied access to sports clubs and other public places because of their gender identity.

Ukraine has an antidiscrimination law, and Moldova has a similar law on equality, but SOGI is not listed as a ground for discrimination in either country. Both Ukrainian and Moldovan societies have regular discussions about the need to enshrine protection from discrimination on the basis of SOGI in the law, but this is met with resistance from conservative parts of society and the church. Amendments to laws and codes are being developed to bring them into line with international antidiscrimination law, and LGBTI+ rights are being protected in courts. Demonstrations and pride marches are held in the capitals under police protection, but appearances by LGBTI+ people in other cities are often disrupted by aggressive homophobes.

Georgia’s antidiscrimination law contains a ban on discrimination on the basis of SOGI, and its courts and ombudsman’s office review complaints about this, often finding that discrimination has occurred. Nevertheless, Georgia’s LGBTI+ community faces rejection and aggression from the conservative and patriarchal part of society and homophobic attacks at LGBTI+ demonstrations and pride marches. And, just like in other East European and Central Asian countries, Georgia does not allow single-sex relationships or marriages to be officially registered and does not recognize children in LGBTI+ families as common to both parents.

19 ANTI-DISCRIMINATION

UZBEKISTAN: STOP PUNISHING HOMOSEXUALITY AND RESPECT THE HUMAN RIGHTS OF ALL

”When I remember the things that ”When I found out that my son is about violence and discrimination to happened to me my heart stops beating.” — gay, I was thrown into a blind panic. I which they are subjected, for fear of re- A former prisoner recalls dragged him to imams, and to psycholo- vealing their sexual orientation. Groups his time in detention. gists to try to “heal“ him. But all I did defending the human rights of LGBTI was hurt him and spoil his life. Now I persons are unable to operate safely The NGOs jointly issuing this understand that homosexuality is not in Uzbekistan and the authorities sup- statement urge the Uzbekistani au- an illness. He is still the same hand- press all attempts to draw attention to thorities to live up to their inter- some, clever and peaceful person. He human rights violations affecting LG- national human rights obligations simply happens to love people of his BTI persons. by decriminalizing homosexuality. own sex, that’s all! But because of this, It also provides the ideal breeding Article 120 of the current Criminal many want to kill him, burn him, stone ground for corruption. As long as this Code punishes consensual sexual him. As long as Article 120 exists my article exists, we will have to live in relations between adult men by up son and other LGBT people will not be fear and homophobes will have power to three years’ imprisonment. Uz- able to live quietly and be happy. I be- overus.” bekistan is currently drafting a new lieve that revoking Article 120 will only Criminal Code and should take this lead to good – for everyone.“ — Mother Police do not press charges against opportunity to improve its human of a young gay man calling on her fellow all the gay and bisexual men whom they rights record and remove legislation citizens not to be afraid of people with track down, but often threaten to im- that punishes individuals for the same-sex relations. prison them or disclose their sexual ori- peaceful exercise of their fundamen- entation to their families for blackmail tal human rights. and financial extortion purposes. Police A young man who in recent years also coerce LGBTI people to collaborate was imprisoned under Article 120 and with them to identify wealthier gay and We call on the Uzbekistani govern- has since been released, reports that he bisexual men. In this way many LGBTI ment to repeal legislation that punishes does not know how to live with the trau- persons in Uzbekistan feel they have no consensual sexual relations between ma of having been beaten and treated option but to lead double lives – they adult men and that is used to repress with hatred and contempt each day. In stand to pay a steep price if their wives, individuals‘ freedom, personal secu- pre-trial detention he was regularly husbands, parents, other relatives or rity and privacy and persecute them subjected to violence by other detain- neighbours learn about their sexual ori- for peaceful exercise of human rights ees while the guards looked the other entation or gender identity. including the right to life. The authori- way. He recalled that the days spent in ties should also combat existing stigma pre-trial detention “were the most aw- Homophobic mobs frequently target and discrimination of LGBTI persons ful and disgusting in my life” and that LGBTI individuals and those perceived by actively increasing public awareness officers beat and attempted to rape him to be gay, subjecting them to physi- about human rights. with a truncheon when he first arrived cal abuse and extortion. On internet- at the prison colony.

As a party to the International Cov- A gay man from Uzbekistan said on condition of anonymity: enant on Civil and Political Rights Uz- bekistan has committed itself to ensure “Article 120 gives people the right to abuse and that everybody can exercise their rights discriminate with impunity against persons with a non- without distinction of any kind, “such ! traditional sexual orientation or gender identity. as race, colour, sex, language, religion, political or other opinion, national or It also provides the ideal breeding ground for corruption. social origin, property, birth or other As long as this article exists, we will have to live in status.“ In their concluding observa- fear and homophobes will have power overus.” tions issued in January and May 2020, both the United Nations (UN) Commit- tee against Torture and the UN Human Article 120 poses a constant threat based messaging services homophobic Rights Committee called on Uzbekistan to gay and bisexual men in their daily activists disseminate the names and to repeal Article 120. lives and makes it impossible for them contact details of gay and bisexual men to lodge complaints with the authorities and those perceived to be gay and call for them to be “punished” and killed.

20 ANTI-DISCRIMINATION

Videos of such beatings have been disseminated and there are credible ECTHR FOUND VIOLATION OF THE reports that several gay men have RIGHT TO FREEDOM OF ASSEMBLY AND been murdered or severely injured SOGI-BASED DISCRIMINATION by homophobic mobs in recent years.

The European Court of Human The positive obligation, as the Court Police are also known to exploit Rights (ECtHR) found violation of has noted, is of particular importance the fear of being labelled as “gay” several articles of the European Con- for people in more vulnerable situa- (an accusation perceived as extreme- vention on Human Rights in relation tions: those holding unpopular views or ly shameful in Uzbekistani society) to Elena Berkman, one of the partici- belonging to minorities. In such cases, by extending the threat of imprison- pants of the Coming Out Day in St. the state should help implement the ment under Article 120 beyond gay Petersburg in 2013. These include right to peaceful manifestation by en- and bisexual, to heterosexual and pi- Article 5 (the right to liberty and se- suring that participants are not physi- ous Muslim men. The NGOs jointly curity of person), Article 11 (the right cally abused by opponents. Otherwise, issuing this statement are aware of to freedom of assembly) and with dis- some groups of people will be forced to several cases in recent years when crimination (Article 14). refuse to openly express their opinions police forced individuals to hand on controversial, but socially important The rally in support of the LGBTI+ over large sums of money or proper- issues. community was authorized, but the police ty or to “confess” to serious crimes The Court pointed out that Article did not protect its participants from ag- including “terrorism” or “attempt- 14 applied not only to protection against gressive behavior of homophobes. On the ing to overthrow the constitutional discrimination, but also provided for the contrary, the activists, including Elena right not to be discriminated against in order”, to avoid being charged with Berkman, were taken to the police sta- Article 120. the enjoyment of the rights guaranteed tion and charged with hooliganism (they by the European Convention. Thus, the allegedly had been swearing, police offic- state, not taking into account the con- Human rights violations includ- ers said). siderably varied situations of different ing sexual violence against gay and Subsequently, Russian courts dis- people, also violated Article 14. bisexual men and those perceived to missed the legal cases of administrative ECtHR considered that the passive be gay, are particularly egregious violations against all participants of the behavior of the police officers at the in penitentiary institutions. These Coming Out Day, considering their guilt initial stage of the rally, the apparent men are frequently victims of tor- unproven. After the St. Petersburg courts absence of any preliminary measures ture and other forms of ill-treatment dismissed Elena Berkman’s complaint (such as official public statements pro- inflicted by police officers, National about her illegal detention, she then ap- moting tolerance, monitoring the activi- Security Service officers, prison pealed to the ECtHR. ties of homophobic groups or communi- guards and fellow inmates. Torture The European Court considered Mrs. cating with the organizers of the event) methods include rape with bottles Berkman’s arrest and further detention and the subsequent arrests in relation and truncheons, attaching heavy at the police station arbitrary, unlawful to the alleged administrative offenses water bottles to the detainee’s geni- and in violation of Article 5 of the Euro- demonstrated solely the police’s concern tals, wrapping newspaper around pean Convention. Earlier, the Court has with the maintenance of public order, the genitals and setting the paper on already noted, for example, in the case but not with the need to facilitate the fire. Gay and bisexual prisoners and “Navalny and Yashin v. Russia”, that if rally. those suspected or accused of same- police officers suspected an administra- According to the ECtHR, Russian tive offense, they must draw up a protocol sex relations have the lowest status national courts took a narrow view of about the matter on the spot, and only if in the informal but strictly imposed the state’s positive obligations under this could not be done, they could resort prisoner hierarchy. They are regu- the European Convention: although to bringing the offender to the police sta- larly used as “slaves” by guards and there was an obvious homophobic mo- tion (Article 27.2 of the Administrative tive behind the counter-demonstrators’ other inmates and, for example, are Code of the Russian Federation). forced to clean dirty toilets with behavior, the authorities did not help to their bare hands. When reviewing the observance of facilitate the planned public event. As the right to freedom of assembly, the a result, those protesting against dis- Court referred to the Venice Commis- crimination became victims of homo- The Uzbekistani authorities sion’s and OSCE/ODIHR Guiding Prin- phobic attacks themselves, which the have on several occasions stated ciples on Freedom of Peaceful Assembly, authorities failed to prevent. that homosexuality is contrary to which stipulate a positive obligation on The court found that the Russian Islam and the country’s traditional the state to “promote and protect the ex- authorities had failed to fulfill their values and cultural norms, and that ercise of the right to freedom of peaceful positive obligations under Article 11 the public is not ready to repeal Ar- assembly” without discrimination. Given of the Convention, both taken sepa- ticle 120. However, governments that the state has a duty to act as the su- rately and in conjunction with Article cannot use religion, tradition and preme guarantor of the principles of plu- 14. Moreover, the unlawful detention of culture as an excuse to circumvent ralism, tolerance and broadmindedness, the applicant and other participants of genuine and effective freedom of peaceful their human rights obligations. the Coming Out Day led to the latter’s assembly cannot be reduced to a simple Muslim majority countries that have inability to participate in the planned duty of the authorities not to interfere. legalized homosexuality include Uz- public event. Thus, there was an inter- Such an approach, according to ECtHR, bekistan’s neighbours Kazakhstan, ference with the rights protected under is incompatible with the object and pur- Article 11 of the Convention. Kyrgyzstan and Tajikistan, as well pose of Article 11 of the ECHR, where as Azerbaijan and Turkey. some cases require the adoption of posi- tive measures, including those concern- December 1, 2020 December 10, 2020 ing interactions between citizens.

21 ANTI-DISCRIMINATION

CRIMES AND IDENTITY

Is it possible to speak of one peo- however, Germany categorically refuses 19th and 20th centuries, but ideas, a ple’s guilt before another? Is it nec- to call this “coordinated development value system, which need to be judged essary? Is it correct? The 20th centu- aid” reparations, which is to say that severely. Until very recently, the people ry saw the emergence of the concept it is taking moral – but not legal – re- of the civilization that we all belong to of collective national guilt and the sponsibility for the genocide. Germany (be they German, Canadian, French, or need for “atonement.” This concept previously refused to extend an official Russian) believed that children could be was extremely important in postwar apology for decades and only expressed taken from “Indians” (the Chukchi, the Germany, although the people aton- its willingness to gradually return the Kamchadals, the Evenki, various In- ing were often not the ones who com- victims’ remains – dozens of skulls were digenous peoples) “for their own good,” mitted war crimes, published rac- taken to Germany in the early 20th cen- even though they never would have al- ist laws, herded Jewish and Roma tury, where they were placed in muse- lowed their own children to be treated people into concentration camps, ums or “used for research” (long before in the same way. That skulls and other or gassed children, but people born the Nazis adopted their notorious “rac- remains of “savages” could be taken off after these terrifying events who felt ist laws”!). to faraway countries and displayed in responsibility for the immeasurable museums. That, in the end, a land pop- amount of collective guilt. Germany is not the only country to ulated by other peoples can be “discov- face the problem of returning the hu- ered,” that the flag of another country man remains (which are stored in the In the 21st century there have been could be raised over it, and that these museums and other similar places of peoples could be driven off into the de- increasing discussions about the histor- the colonizers) of peoples who have been ical guilt of one people before another, sert, herded into a concentration camp, enslaved and discriminated against for or made into slaves. and today’s politicians are condemning centuries (). In the same way, the prob- crimes of the colonial era and extending lem of acknowledging guilt before Indig- There is only one explanation for official apologies to the ethnicities that enous peoples for poisoning children in these utterly savage notions of civilized suffered. The latest example is Canada, residential schools and destroying tra- people: racism, that is, the depraved and where a mass burial site of children was ditional communities, languages, and criminal idea that one people is some- discovered on the territory of a former ways of life is not only Canada’s prob- how better than another, that there is Indigenous residential school in British lem. some kind of collective abnormality or Columbia. Children from local commu- collective guilt. This guilt can be found nities that followed a traditional life- Obviously, the guilt of Europeans in things that are completely made style were forcibly sent to these kinds before Africans – for both past and cur- up: Christians sometimes rationalized of residential schools in Canada in the rent sufferings – does not just concern slavery by saying that Africans are the 19th and 20th centuries. Such was the the Germans, or even just other coun- descendants of Ham, who insulted his policy of forced assimilation, which de- tries (Great Britain, France, Belgium, father, Noah (cf. the argument of anti- stroyed families, communities, and, as Italy, Spain, Portugal, the Netherlands, Semites that “Christ was crucified”). In we now know, the lives of many of these the US) that divided Africa up into colo- the US, lynch law was most often inflict- children (the school did not even register nies and turned Africans into slaves. ed on the African American population – the deaths of the hundreds of children Aside from these countries, the Soviet this also reflects the racist presumption whose remains have now been found). Union and China were also involved in of collective guilt for individual crimes Canada has previously apologized to In- post-colonial wars, battles for resourc- (people often speak wrongfully about digenous peoples for this brutal policy. es, exploitation, and ethnic conflicts in “ethnic crime” in our times, too . Now the prime minister has stated that 20th-century Africa. For now it’s diffi- this grim find is a “a painful reminder cult to imagine what gestures the heads It seems more correct to place re- of the tragic and shameful history of our of these states could make today to rec- sponsibility for made-up or real events country,” and the Minister of Crown-In- ognize “intolerable suffering” and ex- in the distant past not on entire peoples, digenous Relations tweeted that “Resi- press their guilt before peoples (and not but on those individuals, regardless of dential schools were part of a colonial just African peoples) who have suffered nationality and ethnicity, who now as- policy that stole Indigenous children from colonial and post-colonial policies, sert that they are better than others from their communities. Thousands of from racism, from discrimination, and solely by birthright and who tolerate children were sent to these schools and from mass murder hate crimes, which they justify with never returned to their families” their open or concealed racism. When Crimes should be called crimes. we see frontier justice and pogroms in Another big story is Germany’s This is important. And what can still our time, we should not deceive our- recognition of its responsibility for the somehow be fixed should of course be selves and assume it’s the victims “own Herero and Namaqua genocide. These fixed (returning stolen items, burying fault” (“savage,” “dangerous,” “inter- peoples lived on the territory of what is the dead, acknowledging previously lopers”) — it’s better to stop the crimes now Namibia and were subjected to bru- denied cultural, social, and economic of racists now and condemn not just tal persecution in 1904-1908, when they rights and supporting the exercise of their actions, but the fallacy of superior- were wiped out by the German Kaiser’s these rights). So then do we still have ity (which is still often shared by most troops, who drove them into concentra- to talk about the guilt of one people be- of the other people around) than it is to tion camps and tormented them with fore another? Should the descendants of later apologize and make “gestures to hunger, thirst, and back-breaking labor. racists and slaveholders make amends? recognize intolerable suffering.” Germany has expressed its readiness to I think that in today’s deeply inter- extend an official apology and give Na- blended world, it’s not so important who mibia one billion euro “as a gesture of is whose descendent and what our dis- recognition of the intolerable suffering” tant ancestors did personally (and what of the ancestors of Herero and Nama- people they even represented anyway). Stefania KULAEVA qua people living today. Interestingly, We have inherited not people of the June 2021

22 CONTENT

SO THAT FOREIGNERS ARE FEARED AND BLAMED FOR EVERYTHING Stefania KULAEVA...... 1

ADC MEMORIAL STATEMENT TO THE 102ND SESSION OF THE COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION...... 2

RUSSIA: NEW ‘FOREIGN AGENT’ LEGISLATION WILL FURTHER UNDERMINE CIVIL LIBERTIES...... 2

“FEMALE FACES OF PRO-DEMOCRACY PROTESTS IN BELARUS AND RUSSIA”: European Parliament’s Human Rights Committee discussion on the initiative of ADC Memorial...... 3

AND THIS IS WHERE ART ENDS Olga ABRAMENKO...... 4

RUSSIAN HARASSMENT OF A “RUSSIAN WOMAN” Stefania KULAEVA...... 5

THE STRUGGLE TO ABOLISH PROFESSIONAL PROHIBITIONS FOR WOMEN CONTINUES...... 6

STEPHANIA KOULAEVA ON DISCRIMINATION AND STATELESSNESS IN CRIMEA AND THE DONETSK BASIN...... 7

ROMA WOMEN AND GIRLS IN WAR ZONES NEED SPECIAL PROTECTION...... 8

DISCRIMINATION AND BUREAUCRACY IN PLACE OF SECURITY AND DEVELOPMENT: ADC Memorial Discusses the Situation of Russia’s Roma Population at the Sova Center Conference...... 9

VERDICT ANNOUNCED IN THE CASE OF ANTI-DUNGAN POGROMS IN KAZAKHSTAN...... 11

THE UN CERD AGAIN REQUESTS INFORMATION FROM THE GOVERNMENT OF KAZAKHSTAN ABOUT THE ANTI-DUNGAN POGROMS HAPPENNED IN FEBRUARY, 2020...... 12

ADC MEMORIAL INFORMED THE UN ABOUT VIOLATIONS OF THE RIGHTS OF ETHNIC MINORITIES IN THE EX-USSR COUNTRIES...... 13

ADC MEMORIAL INFORMED THE UN SPECIAL RAPPORTEUR ON THE RIGHT TO ADEQUATE HOUSING ABOUT DISCRIMINATION FACED BY ETHNIC MINORITIES AND PEOPLE WITH DISABILITIES IN RUSSIA...... 13

THE APPEALS COURT SUPPORTED INDIGENOUS PEOPLE OF KOYBALSKAYA STEPPE...... 14

A NEW REPORT BY ADC MEMORIAL AND HUMAN & ART LABORATORY WITHIN THE UN UPR OF THE SITUATION OF HUMAN RIGHTS IN TAJIKISTAN...... 15

CONCERNS VOICED ABOUT THE SITUATION OF ETHNIC MINORITIES IN KYRGYSTAN. Press Release of ADC Memorial and the Human Rights Movement Bir Duino Kyrgyzstan...... 16

The Special Rapporteur on minority issues: “INTERETHNIC RELATIONS IN KYRGYZSTAN REMAINS FRAGILE”...... 17

13th UN Forum on Minority Issues: PANDEMIC-DRIVEN RISE IN HATRED MUST BE STOPPED...... 18

“REVERSE RAINBOW”. Violations of the rights of LGBTI+ people in Eastern Europe and Central Asia...... 19

UZBEKISTAN: STOP PUNISHING HOMOSEXUALITY AND RESPECT THE HUMAN RIGHTS OF ALL...... 20

ECTHR FOUND VIOLATION OF THE RIGHT TO FREEDOM OF ASSEMBLY AND SOGI-BASED DISCRIMINATION...... 21

CRIMES AND IDENTITY Stefania KULAEVA...... 22 HUMAN RIGHTS REPORTS BY ADC MEMORIAL

“I WON’T HAVE ANY LIFE WITHOUT THIS LAND”:

VIOLATIONS OF THE RIGHTS OF INDIGENOUS PEOPLES RESULTING FROM COAL MINING IN SOUTHERN SIBERIA

2020

ALL REPORTS HAVE RUSSIAN VERSION AND AVAILABLE ON THE ADCMEMORIAL.ORG