Increased Conflict, Continuing Pressure Status of Russia’S Foreign Agent Laws and Consequences for Environmentalists
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June 2020 INCREASED CONFLICT, CONTINUING PRESSURE STATUS OF RUSSIA’S FOREIGN AGENT LAWS AND CONSEQUENCES FOR ENVIRONMENTALISTS STATUS REPORT 2019 Novokuznetsk, 2017. Photo: Anton Lementuev Russian Social-Ecologial Union Naturvernforbundet www.rusecounion.ru Mariboes gate 8 0183 Oslo Telefon: +47 23 10 96 10 E-post: [email protected] www.naturvernforbundet.no INCREASED CONFLICT, CONTINUING PRESSURE STATUS OF RUSSIA’S FOREIGN AGENT LAWS AND CONSEQUEN- CES FOR ENVIRONMENTALISTS PUBLISHED BY: RUSSIAN SOCIAL-ECOLOGICAL UNION/ FRIENDS OF THE EARTH RUSSIA NATURVERNFORBUNDET/ FRIENDS OF THE EARTH NORWAY ■ St. Petersburg/Oslo, June 2020 Written by Vitaly Servetnik, Russian Social-Ecological Union/ Friends of the Earth Russia and Kjersti Album, Naturvernforbundet/ Friends of the Earth Norway Language editing by Aled D Fisher Design by Kristian S. Aas Photos by Russian Social-Ecological Union and Naturvernforbundet TABLE OF CONTENT Preface 4 Summary 5 Introduction 7 Background 9 Development of the law on foreign agents in 2019 11 Development of the Law on Undesirable organi zations in 2019 15 Mobilization on environmental issues 17 Authorities’ reactions to environmental protests 21 Other pressures on environmental activists 25 Conclusion 31 Recommendations 32 Tables 34 Status report 2019 3 PREFACE: The Russian Social-Ecological Union (RSEU)/ sed and democratic, and consists of over 31,000 Friends of the Earth Russia is a non-governmen- members divided between approximately 100 tal, non-profit and member-based democratic local groups across the country, working to solve organization, established in 1992. RSEU brings environmental issues both locally and globally. together public organizations and active citizens Naturvernforbundet/Friends of the Earth from all regions of Russia. All RSEU activities – Norway has over many years worked closely programs and projects, actions and campaigns with Russian environmental organizations. The – are aimed at nature conservation, protection cooperation has been helpful for both sides on of health and the wellbeing of people in Rus- a wide range of environmental topics. The work sia and around the world. RSEU members act has all the time faced challenges from regu- together for nature conservation, for sustainable lations on the Russian side, but the situation development of Russia and the planet. In 2014, deteriorated significantly with the Foreign Agent RSEU became the Russian member of Friends of NGO laws that were approved in the Russian the Earth. parliament and by the president in 2012. Es- In Russia, activists, groups and organizations pecially since 2015 and onwards, the time and fighting for environment and human rights often resources spent to cope with constantly growing face severe consequences of their work. Per- demands and pressure from the authorities have secution and pressure come in different forms increased in our partner organizations. from the state, from private businesses and from For several years, Naturvernforbundet and its individuals. Supporting activists, groups and Russian partners have published status reports organizations has therefore a prominent place in on the conditions for civil society in general and RSEU’s work. how it affects environmental organizations. All Founded in 1914, Naturvernforbundet/Fri- reports and updates are available at www.natur- ends of the Earth Norway is Norway›s oldest vernforbundet.no/civilsocietyreports and http:// environmental and nature conservation organi- rusecounion.ru/civilsocietyreports zation. Naturvernforbundet is membership-ba- 4 Status report 2019 SUMMARY Russian environmental activists, called environ- Environmental activists also experienced mental human rights defenders (EHRDs) by the financial pressure: countless fines draining UN, as well as other civil society groups, conti- resources from organizations, activists and mo- nue to face difficulties and limitations in their vements, at the same time warning protestors important work. Russian authorities have not to stay away from joining next time. Companies’ withdrawn the laws on “Foreign agents”, and the legal claims for damages for loss of profits from pressure towards activists continues and even protestors are a new form of pressure to silence increases. environmental defenders. Among the most notable developments in As written in our previous reports, the pressu- 2019 was the increased attention environmental re on NGOs has also moved towards oppression issues received in Russia, especially waste issues. of individuals. 2019 has shown this even more Remaining and even worsened environmental clearly: the authorities target angry and politi- and social issues became visible for people. cized local activists – the state wants to stop the Many wanted to know more, to participate more spread of activism. in decision-making and, though impossible, they The law on individual foreign agents went into saw the need to protest more. People in many force in 2019, after being on hold for almost two places are becoming more active and have taken years. Individual journalists and bloggers can to the streets, not only to protest dangerous and now be labelled foreign agents. As always, it is unfair projects, but also to demand a different not clear where the line is drawn, but the law environmental policy from authorities. might cover anyone spreading information, for This increased attention to environmental instance on social media. issues and more open protests against govern- For Russian environmental organizations, ment waste policy, climate policy, and other the situation is formally not very different from issues has made environmental struggles more 2018 The organizations continue to adapt to politicized. Russian authorities and, in some ca- the situation: most of those who were labelled ses, business representatives have reacted to the foreign agents closed themselves down, if the increased conflict with oppressive measures. Ministry of Justice did not close them down first. In 2019, we have seen the murder of an Several environmentalists established consulting activist fighting landfill construction. We have companies to be able to still get financial sup- noticed attacks, housing and property damage, port from abroad, as domestic sources are scarce criminal accusations, police raids, and smear and mostly relevant for compliant organizations. campaigns against activists in state media. Several environmental groups work unregiste- Status report 2019 5 red as a legal entity, therefore without a bank from Moscow to remote Shies in Arkhangelsk account and without the opportunity to conduct region, the most visible environmental struggle, independent environmental expertise, a tool to already established organizations have wor- give a second opinion on environmental impact ked together with independent activists. Also, assessment of the documents from the industry. climate activists have received help and support The role of independent environmental acti- from the established parts of the Russian envi- vists in the Russian environmental movement ronmental movement. But the increased num- increased in 2019. The increased attention to ber of environmental activists do not present environmental issues in 2019 seems to be thanks themselves as new members or new affiliates to to independent activists, at least partly. In the the already established groups. struggle against transport of household waste Authorities blocked the road to the Shies station to prevent activists moving and organizing. Photo: RSEU 6 Status report 2019 INTRODUCTION In this report, we show how civil society space in states to abide by its obligations to promote and general, and the space for environmental groups protect environmental human rights defenders and activists in particular, has changed during (EHRDs) under the 1998 UN Declaration on 2019. We present the legal changes and the environmental human rights defenders1, in groups being labelled as Foreign Agents and Un- order to highlight the importance of the work of desirable Organizations, as well as developments people who defend human rights related to the in the political debate, most notably in the form environment and in recognition of the dangers of environmental protest. they face.2 Our reports aim to contribute to high- The situation for Russian civil society is lighting struggles in defense of the environment severe. The main trend is that every year, the and environmental defenders in Russia. We situation for civil society is becoming worse. point out the most significant cases and trends. Existing legislation becomes stricter, new limita- As environmentalists, our focus in our reports tions are imposed, and more limiting regulations is mainly on pressure towards environmental are proposed. NGOs and activists. However, we want to point Even if a new bill does not become law, it can out that other NGOs and activists also face pro- still serve the function of spreading fear of the blems, sometimes even more severe. We men- restrictive state. Typically, after relief from not tion some of them here when we see it as the approving a very strict bill, a softer restrictive beginning of a new trend or a path that environ- law becomes more acceptable, but still has an mental groups will soon follow. impact on society. Most of the data reflected and numbers shown After the Foreign Agents law was introduced, are considered and counted until the end of the pressure on civil society became what we can 2019. In some cases, if the effect