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ASPECTS of XENOPHOBIA, NATIONALISM, and INTOLERANCE in the RUSSIAN FEDERATION Table of Content

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ASPECTS OF XENOPHOBIA, NATIONALISM, AND INTOLERANCE IN THE RUSSIAN FEDERATION Table of Content Violations of the principles of a secular state and freedom of conscience, and growth of belief-based intolerance and discrimination in today’s Russia . 3 Situation with Meskhetian Turks (Ahiska) in the South of Russia in 2014 . 33 Review of the Xenophobia Among Youth in Russia . 54 Violations of the principles of a secular state and freedom of conscience, and growth of belief-based intolerance and discrimination in today’s Russia As political and legal systems transform, the theoretical and legal concept and the contents of freedom of conscience follow the general scientific trend towards expansion, becoming free from any ties to the legally uncertain notions of “religion” and “confession ”. Freedom of conscience is now perceived through the prism of human rights and freedoms, serving as the legal basis for individual freedom1 . Contemporary understanding of freedom of conscience incorporates the entire diversity of forms of belief systems . Since there is no legal definition of religion, freedom of religion should be understood not only as an element included in freedom of conscience, but also as an element subsumed by it2 . In this connection, I believe that freedom of conscience is a systemically important right in the system of human rights, a fundamental inalienable right of every person to satisfy their needs to have a system of be- liefs, which gives meaning to the person’s existence based on a free choice of their beliefs and on lawful con- duct governed by such choice, without restrictions on or deprivation of any other civil rights or freedoms . Hence, the contents of freedom of conscience includes the right to freely embrace, choose, change or pro- mote beliefs, whether individually and/or collectively, and act in accordance with them without prejudice to the freedoms or personal dignity of other individuals . State secularism is a major safeguard to uphold freedom of conscience and ensure protection against dis- crimination . I believe a secular state is a state that is neutral on matters of belief and is strongly against the use of any belief system as its official ideology, thus allowing every individual to make their own free choice regarding their beliefs . State secularism implies a state’s indifference to beliefs, i e. rejection of any special control (non-interference in matters of belief as long as those practicing them stay within the law), non-iden- tification (since no science-based criteria can be defined), abolition of any special privileges, and separation and distancing from all organizations promoting any particular system of beliefs3 . Violation of secular principles disavows both individual safeguards of freedom of conscience and the system of safeguards in general4 . 1 For more information see: Svoboda sovesti: problemy teorii i praktiki [Freedom of conscience: Problems related to theory and practice] . Monograph (Ed . by F . M . Rudinsky, S .A . Buriyanov) . M .: ZAO “TF “MIR,” 2012–1120 p . 2 For more information see: Buriyanov S . A . Realizatsiya konstitutsionnoy svobody sovesti i svobody veroispovedaniya v Rossi- yskoy Federatsii (Realisation of constitutional freedom of conscience and freedom of religion in the Russian Federation) . Mono- graph . M . ZAO “TF “MIR ”. 2009 .—288 p . 3 For more information see: Buriyanov S . A . Svoboda sovesti i svetskost’ gosudarstva v Rossiyskoy Federatsii [Freedom of con- science and state secularism in the Russian Federation] . A theoretical and applied research carried out in 2009—early 2010 . M .: ZAO “TF “MIR ”. 2010 .—173 p . 4 For more information see: Burianov S . A . Problemy realizatsii svobody sovesti i svetskosti gosudarstva v Rossiyskoy Federatsii [Problems related to realisation of freedom of conscience and state secularism in the Russian Federation] . A theoretical and ap- plied research carried out in 2012 . M .: ZAO “TF “MIR ”. 2013 .—352 p . However, these scientific and theoretical concepts about how things should be are not generally accepted, which is reflected in legal instruments . The Charter of the United Nations, adopted on 26 June 1945, which laid down the foundations of the existing system of international legal protection, declares the commitment “to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom ”. A special mention should be made of UN Member States’ commitment “to achieve international co-opera- tion in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinc- tion as to race, sex, language, or religion ”. Therefore, “through the Charter all UN Member States are legally bound to strive towards the full realiza- tion of all human rights and freedoms1,” meaning actually that the principle of respect for human rights is recognized internationally . This principle has been further developed in various universal and regional international legal instruments . The Universal Declaration of Human Rights, adopted by General Assembly Resolution 217A (III) on 10 De- cember 1948, “played the key role in further development of the human rights mechanism and became the foundation to build the international system of protection and enforcement of human rights2 .” Article 1 of the Universal Declaration of Human Rights reads that “all human beings are born free and equal in dignity and rights . They are endowed with reason and conscience and should act towards one another in a spir- it of brotherhood ”. In accordance with Article 2, “everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status . Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty ”. In addition to the foregoing, the following universal human rights instruments related to freedom of con- science should be mentioned: International Covenant on Civil and Political Rights; International Covenant on Economic, Social and Cultural Rights; Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief; Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities; Convention on the Rights of the Child; Convention against Discrimination in Education; Declaration of Principles on Tolerance, and others . Having set a course for building a law-based state in the late 1980s, the Russian Federation committed itself to aligning its national legislation with the provisions of international legal instruments . Russia’s commitment to the generally accepted principles and norms of international law is supported by part 4 of Article 15 of the Constitution of the Russian Federation: “Universally recognized principles and norms of international law as well as international agreements of the Russian Federation should be an inte- 1 Azarov A ., Reuter V ., Hüfner K . Zashchita prav cheloveka [Protection of human rights] . Mezhdunarodnye i rossiyskie mekha- nizmy [International and Russian mechanisms] . M .: Moscow School of Human Rights, 2000 . P . 11 . 2 Ibid . P . 12 . 4 gral part of its legal system . If an international agreement of the Russian Federation establishes rules, which differ from those stipulated by law, then the rules of the international agreement shall be applied . According to Article 28, “Everyone shall be guaranteed freedom of conscience and religion, including the right to profess individually or collectively any religion or not to profess any religion, and freely to choose, possess and disseminate religious and other convictions and act in accordance with them ”. Article 14 de- clares: “The Russian Federation shall be a secular state . No religion may be established as the State religion or as obligatory . 2 . Religious associations shall be separate from the State and shall be equal before the law ”. Part 2 of Article 19 organically complements Articles 14 and 28 . It reads: “The State guarantees the equality of human and civil rights and freedoms regardless of . attitude to religion, convictions, membership of public associations, or of other circumstances ”. Moreover, the Constitution of the Russian Federation reaffirmed, as a legal basis, principles such as ideologi- cal diversity (part 2 of Article 13), and equality of human and civil rights and freedoms regardless of attitude to religion or convictions, as well as prohibition of all forms of limitations of human rights on religious grounds (part 2 of Article 19) . Part 2 of Article 9 emphasizes: “Propaganda or agitation, which arouses… religious hatred and hostility shall be prohibited . Propaganda of… religious… supremacy shall
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