THE ACTIVIST HRSI’s annual human rights journal
MAY 2015 Contents
4 / The EU is Calling Me Poor! Atanas Stoyanov, MA student, Department of Public Policy, CEU 5 / What is Political Speech? Max Steuer, MA student, Department of International Relations, CEU 8 / Second Life in Social Networks Alona Kiriak, LLM Student, International Business Law, Department of Legal Studies, CEU 10 / Social Adaptation of Orphans in Russia Evgenia Kholmanskikh, MA student, Department of International Relations, CEU 14 / In Baku the Bell Tolls for Human Rights in Europe Nataliya Novakova, MPA student, School of Public Policy, CEU 17 / My Flawed Footprint Shirlene Afshar Vogl, MA student, Department of Public Policy, CEU & Tess Pocock, MA student, Department of Gender Studies, CEU 20 / Protection of Russian Nationals Abroad: Case of Crimea Olena Guz, LLM in Public International Law and Human Rights, Riga Graduate School of Law 23 / “Keep Pennsylvania Beautiful”: Resisting Marcellus Shale Connections Amanda Winter, PhD Candidate, Department of Environmental Sciences and Policy 26 / The Unwanted “Guests”: The Refugees Crossing the Syrian-Turkish Border Georgiana Turculet, CEU PhD candidate and Marie Curie Fellow at Koc University 30 / Snowden v. United States: A Kantian v. Utilitarian/Consequentialist Perspective John McLean, MA student, Department of Public Policy, CEU 32 / The Rainbow Flag at Half-mast: The Limitations and Successes of Russian LGBT NGOs Jacqueline Dufalla, MA student, Department of International Relations, CEU 35 / DRABer Giavana Margo & Freyja Jónudóttir Barkardóttir, MA students, Department of Gender Studies, CEU
ABOUT HUMAN RIGHTS INITIATIVE The Human RightS Initiative (HRSI) is an awareness rais- ing and capacity building organization based at Central European University (CEU) in Budapest. It was founded in 1999 by the students of the CEU Legal Studies Department, Human Rights Program. Since then it has grown into an internationally-recognized human rights organization, focusing on youth involvement, informal education and student participation. HRSI’s mission is to promote social en- gagement through awareness raising and capacity building. Our main target groups are CEU stu- dents and alumni, local and regional NGO staff and activists.
THE ACTIVIST TEAM Anna S. G. Robinson, Editor-in-Chief, proofreader; Nuruddin Ahmed , Edi- tor-in-Chief; Orsolya Mikola , associate editor; Nataliya Novakova , associate editor; Jacob Verhagen , associate editor, proofreader; Alona Kiriak , associate editor; Andres Sarabia , associate editor, proof- reader; Camille Hesterberg , associate editor, proofreader; Eimear O'Neill , proofreader; Freyja Jónudóttir Barkardóttir , associate editor, proofreader; Giavana Margo , associate editor, proof- reader; Jeff Mills , proofreader; Anna Helfrich , HRSI intern, designer; Katya Sumina , HRSI project man- ager, designer.
2 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE Editorial
he editorial team is very when using Facebook. In a riv- T proud to introduce the eting piece John McLean con- 2015 issue of The Activist. Since trasts the ethical reasoning be- 2002 The Activist has been a hind the stances of the NSA and unique platform for CEU stu- Edward Snowden regarding the dents to grapple with pressing release of the Snowden Files. human rights issues, as well as Several articles deal with issues to gain some experience in relating to Russia. Evgenia publishing and editing. Kholmanskikh looks into the Top photo: Anna Robinson This year’s edition contains a social adaptation of orphans in Bottom photo: Nuruddin Ahmed diverse collection of pieces Russia. Jacqueline Dufalla dealing with all manner of hu- shows how Russian LGBT man rights-related issues, from NGOs, contrary to popular the environmental, legal, politi- opinion, can continue to have cal, policy, gender, and socio- successful programs, mostly by is the community resistance logical fields. We have a mix of building local support and fo- that has built around it. unconventional narratives as cusing on domestic issues. Ole- We would like to thank the in- well as hard-hitting formal es- na Guz analyzes whether the credibly hardworking and flexi- says. As editors we were com- Russian Federation may lawful- ble associate editors, proof- mitted to including a range of ly rely on the doctrine of pro- readers, and authors, as well as perspective and voices. tection of Russian nationals Katya and Anna from HRSI in abroad in case of military occu- Gracing our cover we have one their support in putting togeth- pation of Crimea. a member of DRAB, a feminist er this publication. drag king collective founded in Nataliya Novakova strongly At CEU, we hope that students Budapest in 2014 by a group of condemns European Union’s learn how to bring about posi- CEU Gender Studies students. inability to insist on respect for tive change locally and global- In their article about DRAB, Gia- human rights in its immediate ly. Our hope is that this issue vana Margo and Freyja neighborhood in Azerbaijan of The Activist will be inspira- Jónudóttir Barkardóttir explore where at least two CEU alum- tional and eye-opening, and be transgressing the boundaries ni -- Rashadat Akundov and a catalyst for action. of feminine and masculine. Ilgar Mammadov -- are serving terms as political prisoners. Atanas Stoyanov addresses the Georgiana Turculet draws our Anna S.G. Robinson, MA student, reader and the European Com- attention to the plight of Syrian Department of Gender Studies mission in a personal voice, refugees crossing the border confronting discourses about Nuruddin Ahmed, MPA student, into Turkey. We have Tess Po- “poor Roma”. Hannah Arendt School of Public Policy cock and Shirlene Afsher Vogl and John Stewart Mill are put to who are covering contemporary Editors-in-Chief good use by Max Steuer as he slavery which is both pervasive asks, “What is political speech?” and easily ignored. The prob- Alona Kiriak brings in the highly lem of fracking in Pennsylvania relevant topic of social media is tackled by Amanda Winter, as and warns us to be mindful
THE ACTIVIST 2015 3 &e EU is Calling Me Poor! Atanas Stoyanov sheds light on the consequences of ethnic generalizations found in the NRIS 2012-2020 language.
ave you ever been called hear me in space. I am not say- elections. My personal experi- H poor? And how did you feel ing I am rich, but I am not poor ences have helped me over- about that? I can guess what it either. Those in my Roma com- come the constant noise of the feels like because I am being munity, myself included, live a media and the opinions of the called poor every day. Seriously! decent life. We are happy with majority of people around me. And not only by people, but also our housing, work and educa- Of those who, without ever ask- by institutions and their docu- tion. None of us is a victim of ing my point of view, are always ments, such as the European Un- marginalization, stigmatization eager to integrate, include or ion and its Framework for Na- or any other negative category educate me, presupposing that tional Roma Integration Strate- ending in ‘-tion’ used to classify I am something less or not gies 2012-2020 (NRIS). It states us. Some Roma are richer than enough. I was raised hearing that Roma are marginalized, some non-Roma and some non many negative labels put on poor and socially excluded. -Roma are less educated than Roma, repeated so many times some Roma. that I started believing some- As a Roma, when I first read the one else’s opinion of who actu- Framework, I wanted to roar with One cannot simply generalize ally I am. anger so loud that you would the state of an ethnic minority as poor and marginalized. The Many Roma started believing in Strategy tricks readers into the definitions they heard given “Many of the esti- thinking how ‘bad’ the situation to them hundreds of times, to mated 10-12 million of the ‘poor’ Roma is, and may the point that they internalized Roma in Europe cause some to unwittingly be- these labels; a lethargy in which lieve this is true of all Roma. the status quo cannot be face prejudice, in- Folks, I don’t really want to be changed. A single side story tolerance, discrimi- pitied for being born Roma. teaching you firstly how bad Even if one assumes that Roma you are, then repeating to you nation, and social are poor as the objective truth, how miserable you are and exclusion in their do you really think the Roma lastly claiming that this is a way daily lives. They are need to hear this again and to be helped. again? How does calling me This time the EU itself marginalized and poor, marginalized and socially “cemented” the negative labels excluded in an official docu- live in very poor so- and stereotypes into a policy ment of the European Union that forgets that who we really cio-economic condi- help me?! are is not our problem, but our tions.” I have worked for five years in self-esteem and pride. The last some of the biggest non- is being boldly suppressed EU Framework for governmental organizations in since it is something that Roma Bulgaria dealing with many is- probably do not need. National Roma In- sues related to the Roma such The Roma dignity was killed in as community development, tegration Strate- the 1940s during the Holocaust intercultural education and po- gies, 2012-2020: and it still lies fallen there, on litical empowerment. I have the fields of the death camps, even run for, and won, local
4 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE riffled with the bullets of cul- gest the following: “Juncker, the parallel to the national lan- tural ignorance. four main pillars of the NRIS: guage. It is also not okay when access to education, employ- a member of the European Par- I realize the NRIS was created ment, healthcare, housing and liament, or the president of any as a sign of good will and inten- social services should be member state, speaks in a dis- tion of the European Commis- changed. As we often say there criminative way about the Roma sion to integrate Roma and try is no such thing as Roma crimi- with no consequences to follow. to improve their livelihood. But nality, there should not be such I just want to tell you that cur- I don’t really feel the need to things as Roma housing, rently the EU community is not be integrated or socially includ- healthcare and employment respecting its’ own antidiscrimi- ed – not that I am an antisocial either. These are universal cate- nation legislation. I may be ask- creature – by anyone. I simply gories that have nothing to do ing you to change your whole feel the need for my language, with any ethnicity . If you are attitude and approach. But we culture and history to be recog- really willing to help, you need to remember ‘those who nized and accepted as equal. should work more on the do not remember the past are If the European Commission recognition of the Roma cul- condemned to repeat it.’ I hope were a real person, let us call ture, history and language. You you understand this, Juncker, him Juncker for example, and if should ensure that Roma chil- and I hope you will stop calling I was asked about what I think dren from different EU coun- me marginal in your efforts to should be changed (not that I tries have the opportunity to help me!” am being asked), I would sug- study Romanes at school in
What is Political Speech?
With the help of Mill's and Arendt's thought, Max Steuer proposes a new definition of political speech based on the public/private distinction .
reedom of political speech lies at the heart of democratic re- project that would try to shape F gimes and fundamental human rights. However, when it the boundaries of an emerging comes to a genuine distinction between ‘political’ and ‘other’ kinds ‘global free speech regime’. of speech, the boundaries are blurred and the definition of ‘the Defining Speech political’ becomes important. If political speech were to entail all communication about political matters, then political speech Speech is generally understood would include family talk during dinner, where the newest scandal as any form of expression, spo- of this or that political leader is discussed. While this speech is ken or written, of a person’s about politics, it is taking place in the private sphere. This is the views, ideas or positions. With- fundamental distinction, important for policy makers and civil soci- out the possibility to speak, no human communication can ex- ety alike, when they determine what counts as political speech. ist, and without communica- The perspectives of two renowned thinkers, John Stuart Mill and tion, ‘political animals’, as Aris- Hannah Arendt support the importance of such a distinction, totle defined humans, would which has implications for determining what speech is considered lose any chance of being to be ‘political’ and deserving of special protection by democratic ‘political’. political institutions. Moreover, the distinction is crucial for any THE ACTIVIST 2015 5 Encompassing all types of communication in the definition of Both are strongly related to the speech, however, would not allow for any distinction between a possibility (or absence) of journalist writing a critical piece on the executive branch of her speech. Speech is a precondi- country and a couple’s discussion over who will do the housework tion for freedom: Wherever the that day. Nonetheless, it is difficult to determine the precise sub- man-made world does not be- stance of the difference between various kinds of speech. come the scene for action and speech […] freedom has no It is generally the task of judicial bodies, taking into account inter- worldly reality’ (Arendt, 2006: national human rights conventions, to determine what speech be- 60). Moreover, speech is a form longs to the category of ‘political speech’ which deserves special of action which creates the pos- protection (Barendt, 2005). One should not forget, however, that sibility for freedom for an indi- legal analyses alone are not sufficient to do justice to the differen- vidual, if she ‘steps out into the tiation. Philosophical perspectives need to be incorporated be- polis and takes action cause legal application of freedom of speech cannot be separated there’ (Arendt, 2009: 170). The from philosophical conceptions (Barendt 2013). polis, in simplified terms, is an To bring in the theoretical perspective into the general discussion, equivalent to the public sphere; Mill’s and Arendt’s answer to the confusion of determining politi- this is why the public/private cal speech are provided. With their help, it is possible to synthe- divide is central for Arendt, size the definition of speech on the basis of the public/private dis- more than for Mill. tinction, as all human expressions of the nature and organization The role of (political) speech for of joint conduct in the public sphere. In order to be applicable, this the existence of politics on an definition needs to be backed by an authority which determines above-individual level, however, the division between private and public. does not mean that the individ- Mill’s Answer ual does not matter. The pres- John Stuart Mill is author of a distinct approach to freedom of ence of the individual in the speech, the grounds of which he laid down in the essay On Liberty (1859). For Mill, ‘the only purpose for which power can be rightful- ly exercised over any number of a civilized community, against his will, is to prevent harm to others’ (Mill, 2009: 18). This is a famous Mill’s argument argument for the ‘harm principle’, which states that regardless of the nature of speech, only that which is harmful to another indi- seems to find its vidual can be limited. Although he considers freedom of speech an individual right (see Chart 1), he explains the harmfulness of its limits in restriction from the perspective of the community, where debate expressions that do among individuals takes place: ‘the peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; pos- not intend to share terity as well as the existing generation [...]’ (2009: 29). an individual’s Mill’s argument seems to find its limits in expressions that do not intend to share an individual’s views, ideas or positions in the pub- views, ideas or lic sphere – how could limiting this speech ‘rob the human race’? In this light, it makes sense to try to distinguish among different positions in the kinds of speech, as well as to identify political speech as expres- sion with the general intention of entering the public sphere. public sphere – how However, Mill’s arguments do not satisfy this requirement. Thus it could limiting this is helpful to look towards another political thinker: Hannah Ar- endt. speech ‘rob the Arendt’s Answer human race’? Hannah Arendt devoted a large part of her political thinking to the meaning of politics, and totalitarianism (Vollrath and Fantel, 1977).
6 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE public sphere is the necessary condition for politics (see Chart 2), together with the other fac- Chart 1. Mill’s concept of searching for truth on the marketplace of ideas by individuals who realize themselves via their freedom of speech the limits of tors. which can be found in the restriction of harming other individuals. In sum, Arendt’s views ‘upgrade’ those of Mill by offering a new perspective on the importance of (political) speech in society, without contradicting his argu- ments. However, there is a common responsibility stemming from ‘speaking’ in the public sphere. As Arendt writes in The Human Condition, ‘the term “public” [means] that everything that appears in public can be seen and heard by everybody and has the widest possible publicity’ (1958: 45). If we apply this definition to political speech, it can be said that these expressions are made with the intention of sharing one’s views with others. Following Arendt, it is more suit- able to use the term ‘public speech’ as speech before poli- tics; speech that constitutes pol- itics by creating the framework for participation and interaction of individuals. If the expression is made just to harm somebody, to entertain, or to trigger a con- flict, it is not public speech. ‘Public’ Instead of ‘Political’ Speech We have seen that ‘political’ speech, which is deserving of special protection, is public speech through which we ‘speak’ with other individuals about the nature and organiza- tion of our joint conducts. But Chart 2.Arendt‘s understanding of politics emerging in the public sphere created and main- even then, the problem of the tained by speech as a specific form of action involving interactions between individuals (humans). blurred distinction between the private and the public does not disappear.
THE ACTIVIST 2015 7 For Arendt (1958: 48), the ‘world sovereign’ who would ly settled in the international ‘public sphere’, apart from its authoritatively determine the system. International courts, ‘visibility to everybody’, has an- border between public and pri- accompanied by an enforce- other dimension: it belongs to vate, but this produces the un- ment mechanism of their judg- everybody and everybody solvable dilemma of who such ments may provide the best should have equal opportunity a sovereign should be. option available to protect the public sphere, and at the same to enter it. What seems to be Second, recourse to our time the right of individuals necessary, then, is an actor who ‘common sense’ as humanity, to interact with others in the protects the public sphere but but this is difficult to imple- public sphere through their use not only within state borders ment in practice. but internationally. of speech. Third, a number of independ-
Three options are available to ent, regional authorities recog- ground such an actor. First, a nized jointly by states and firm-
FOOTNOTES 1 See also Comella (2006) for the perspective of the European Convention of Human Rights and Bhagwat (2012) for the principles of the US Constitution and case law of US Supreme Court). In addition to political speech, other categories of speech can be distinguished in legal scholarship, such as ‘hate speech’ (Herz and Molnar, 2012), commercial speech (Baker, 1976). 2 When Eric Ringmar distinguishes between the ‘republican’ and liberal ‘promises’ of freedom of speech, he considers the former to be concerned with ‘the well-being of the republic’, and attributes to the latter the claim view that ‘the well-being of the community could only be assured if individuals’ rights were properly protected’ (Ringmar, 2007: 5–7). The origin of the latter tradition he attributes precisely to John Stuart Mill.
ENDNOTES Arendt, H. (1958). The Human Condition. Chicago: University of Chicago Press. Arendt, H. (2006). Freedom and Politics. V D. Miller (Ed.), The Liberty Reader (2nd Revised edition, s. 58–79). Edinburgh: Edinburgh Universi- ty Press. Arendt, H. (2009). The Promise of Politics. Knopf Doubleday Publishing Group. Baker, C. E. (1976). Commercial Speech: A Problem in the Theory of Freedom. Iowa Law Review, 62, 1. Barendt, E. (2005). Freedom of speech. New York: Oxford University Press. Barendt, E. (2013). Freedom of Expression. V M. Rosenfeld & A. Sajó (Ed.), The Oxford Handbook of Comparative Constitutional Law (s. 891 –908). Oxford: Oxford University Press. Bhagwat, A. (2012). The Myth of Rights: The Purposes and Limits of Constitutional Rights. New York: Oxford University Press. Comella, V. F. (2006). Freedom of Expression in Political Contexts: Some Reflections on the Case Law of the European Court of Human Rights. V W. Sadurski (Ed.), Political Rights Under Stress in 21st Century Europe (s. 84–119). Oxford: OUP. Herz, M., & Molnar, P. (Ed.). (2012). The Content and Context of Hate Speech: Rethinking Regulation and Responses. Cambridge; New York: Cambridge University Press. Mill, J. S. (2009). On liberty. The Floating Press. Redish, M. H., & Lippman, G. (1991). Freedom of Expression and the Civic Republican Revival in Constitutional Theory: The Ominous Impli- cations. California Law Review, 79(2), 267–311. http://doi.org/10.2307/3480689 Ringmar, E. (2007). A Blogger’s Manifesto: Free Speech and Censorship in the Age of the Internet. Anthem Press. Vollrath, E. and Fantel, H. (1977). Hannah Arendt and the Method of Political Thinking. Social Research 44( 1), 160–82.
Second life in social networks Alona Kiriak argues that your rights can be protected with the help of Facebook in courts while your rights in Facebook still can be protected only privately.
owadays Facebook has 1.39 billion active users (Facebook issues without attempts to as- N newsroom, 2015). These people have chosen to enjoy the sess the overall effect of the freedom of expressing themselves and communication without social networks. borders. This freedom should be treated with the awareness of Firstly, freedom means respon- the impact on our everyday life. There are numerous researches sibility. By creating your per- as to impact of social networks on our health, social inclusion, pro- sonal profile on Facebook, you gress in studies etc. However, this article focuses on two specific create a mirror image of your-
8 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE self and your activity on Facebook, which is easily attributed to set of Community Stand- you. The presumption that all activity on your page is yours, stems ards” (Facebook, 2015). These from the commitment undertaken during registering on Face- Community Standards define book: “[…] not [to] provide any false personal information on Face- what type of content may be book, or create an account for anyone other than yourself without reported and removed. Such permission” and “[…] not [to] share your password (or in the case private regulation is not bur- of developers, your secret key), let anyone else access your ac- dened with formalities; howev- count or do anything else that might jeopardize the security of er, it is considered as a positive your account” (Facebook, 2015).This leads to the admissibility of trend. Simultaneously, there is evidence gathered from your Facebook page in the courts of law. a necessity to understand the This approach is accepted in the US (United States of America v. nature of the newly emerged Meregildo et al, 2010) and Canada (Norton Rose Fulbright, August relations, to take the ad- 2011). The same approach was recently recognized by courts in vantages of it. Ukraine. Thus, the calls for violent change of the constitutional or- Facebook has a separate de- der led to suspended sentence delivered by the criminal court partment, which is responsible (Uzhgorod District Court, 2014). All actions, which constituted for reviewing the reported con- crime, in this case were conducted not in real life but on Face- tent and blocking it, if it is justi- book. The message is simple but still worth repeating: beware fied by the above-mentioned your own posts on Facebook. Community Standards. It is the Secondly, the freedom on the Internet is an illusionary freedom in task of the company’s employ- reality. Internet is a privately regulated environment, which lacks ees to decide on the particular centralized regulation. Instead of a legal regulation originating pieces of information. Their from states, we have to accept the private regulations of the com- decision may be sometimes panies. States have certain obligations under treaties, e.g. the bias, and the only way available freedom of expression regardless of frontiers is envisaged in In- to resolve possible disputes is ternational Covenant on Civil and Political Rights(Article 19) and private negotiation. Thus, sev- the European Convention for the Protection of Human Rights and eral pages of pro-Ukrainian ac- Fundamental Freedoms (Article 10). tivists and groups were blocked in 2014. The reaction from the The freedom of expression was developed and tested by years of society followed in the form of practical implementation and court cases. Unlike states, which ad- open letter distributed on Face- here to recognize best practices, Facebook merely “developed a
The message is sim- ple but still worth repeating: beware your own posts on Facebook
This is how Facebook Community Standarts start: "Our mission is to give people the power to share and make the world more open and connected" Source: Windows Central THE ACTIVIST 2015 9 book and shared over 900 times can also take form of hacker attack. For example, the dissemina- during 24 hours (Global Voices, tion of information from particular group can be restricted by the 2014-08-29). The letter calls for program code (Gorovyj, 2014:43). By engaging this code any indi- resignation of administrator in vidual may constrain the seemingly free flow of information. This charge of the Ukrainian seg- problem is dealt with by technical support specialists. In situation, ment of Facebook who is Rus- where time is of the essence the affected party cannot influence sian national and may have con- the speed of curing the problem because it is regulated by the flicting political interests. The internal rules of company unknown for the general public. It is people requested that Face- easy to speak out your thoughts via social networks, and many book appoint someone from a people will hear your voice. On the other hand, it is also true that neutral country. The private your voice can be easily deafened, and this process is not subject character of this negotiations to legal regulation, there is only internal policy of the companies. means that Facebook’s reaction to this letter is unknown to us. The interference in your free- dom of expression on Facebook
ENDNOTES Facebook newsroom (2015) Statistic [Online] Available from: http://newsroom.fb.com/company-info/ [Accessed: 15th March 2015]. Facebook (2015) Statement of Rights and Responsibilities [Online] Available from: https://www.facebook.com/legal/terms [Accessed: 15th March 2015]. Facebook (2015) Community Standards [Online] Available from: https://www.facebook.com/communitystandards [Accessed: 15th March 2015]. United States of America v. Meregildo et al (2010) 11 Cr. 576 (WHP) [Online] Available from: http://nysd.uscourts.gov/cases/show.php? db=special&id=204 [Accessed: 15th March 2015]. Norton Rose Fulbright (2011) Facebook content is held to be admissible in evidence [Online] Available from: http:// www.nortonrosefulbright.com/knowledge/publications/55619/facebook-content-is-held-to-be-admissible-in-evidence [Accessed: 15th March 2015]. Decision of the Uzhhorod District Court (31 July 2014) Case No. 308/8797/14-к [Online] Available from: http://www.reyestr.court.gov.ua/ Review/40121741 [Accessed: 15th March 2015]. GlobalVoices (2014) Lokot T. Ukraine Asks Facebook’s Zuckerberg to Discipline Kremlin Bots [Online] Available from: http:// globalvoicesonline.org/2014/08/29/ukraine-russia-facebook-bots-censorship/ [Accessed: 15th March 2015]. Gorovyj V. (ed.) (2014) Social networks as a factor of information security. Supplement to the journal ‘Ukraine: events, facts, commentaries’ No 13, p. 43 [Online] Available from: http://nbuviap.gov.ua/images/sozinfo/2014/s-net13.pdf [Accessed: 15th March 2015].
Social Adaptation of Orphans in Russia Evgenia Kholmanskikh discusses the importance of reformation of Russian orphanhood policies with fo- cus on their social adaptation
s a common Russian say- to their needs). Likewise, there are “no orphans” in Russia. The re- A ing goes, “there are no dis- ality is that at the moment there are about 100,000 children in abled people in Russia” (since Russian orphanages (Yakovleva, 2014). There are approximately as we don’t see them much on the many inhabitants in the Italian city of Pisa (Europe, Italy, Toscana, streets, and even the biggest, 2013), and the population of the microstate of Andorra is close to central cities like Moscow and this number as well (The World Factbook. Europe: Andorra, 2014). St. Petersburg are not adapted It should seem that for a country as big as Russia, 100,000 children is not a crucial number. The orphanages are funded by the state, 10 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE Capture from the summer camp-2014, organized by Vverh organization for children with developmental disorders. Source: vverh.su or by private sponsors. phanage at the age of 18 is en- viewed on 13 March 2015. (Chernova, 2013) However, titled to an apartment so that “These children simply have not state funding is not always they are not homeless after developed basic existential sufficient, nor do the private leaving the orphanage. Never- skills for a life in modern socie- sponsors always lend a hand. theless, since these children are ty, ranging from paying com- used to living within a closed munal bills to an ability to build The problem of orphanhood is community, they don’t have an strong social connections with compounded by the absence of idea that one might need to the outside world”. a program of socialization for work to sustain their lives. Nor such a large number of parent- One would expect the govern- have they been taught how to less children. Orphanages exist ment to ensure a certain level live independently, so they of- in a so-called bubble: only of security for these vulnerable ten resort to certain tricks to teachers, tutors, and fellow or- members of society. In Russia preserve their status quo. For phans exist within this bubble, the main problem of state regu- example, many of them try to with no connection to outsiders lations for childhood protection live in groups in one flat while except for rare visitors and vol- and orphanhood policies is renting out flats other group unteers. When they get out of that the system built during the members received from the the orphanage at the age of 18, Soviet era is not effective any- state. “Instead of working, they they cannot find their place in more. During the Soviet times, live off money that comes from society and often feel rejected the state provided individuals the rent”, said Olga Tikhomiro- by the wider community, which with everything needed: free va, the head of the Center for treats them with suspicion and housing, free higher education, Equal Opportunities Vverh for perceives them as free healthcare and job place- social adaptation for ”strangers” (Nastenkova, 2013). ment. With a current strong “graduates” of orphanages in After a couple of failed at- trend of population aging in Moscow, when interviewed on tempts, most stop trying to in- Russia (Analiz demografich- 14 March 2015. tegrate themselves into the so- eskoi situacii: tendencii i ciety they live in and become “This way of living often reveals posledstviya, 2006), such issues criminals, alcoholics, or drug certain other problems”, com- as orphanhood and socializa- addicts (Brinceva, 2011). mented Alexandra Marova, the tion of orphans should be seen director of The Charitable Foun- as a top priority. So what does the state do to dation of Social Ophan- solve such a pressing problem? Improving the demographic sit- hood Prevention, while inter- Each person who leaves the or- uation and socialization of or- THE ACTIVIST 2015 11 Volunteers in the orphanage , Derevjanicy, Russia. Source: novhit.ru
phans into society would of course require substantial funding, starting with research initiatives and ending with program imple- mentation and development. This initiative, however, is very com- plex given that Russia faces numerous other problems simultane- ously: the issues of pension readjustment (NEWS.RU, 2015) and shortage of pain-killers for patients suffering form cancer (Gordeeva, 2015) are not being solved due to a lack of funding. These children Experts, including Olga Tikhomirova from Vverh, believe that there is no point in counting on the government, especially given the simply have not de- current geo-political and economic situation. Olga, along with her veloped basic exis- colleagues from the center, point out that the initiative should come from below and not from the top. Generally, Vverh is a good tential skills for life example of civil activism. Currently, the center is only working with in a contemporary 100 of the 100,000 graduates from all orphanages on a perma- society, ranging nent basis. On the other hand, providing opportunities for 100 is a great result for a civil initiative. from paying com- One peculiar thing that comes out after talking with experts in the munal bills to an field is that sometimes even the most contradictory regulatory ability to build acts might have positive outcomes. For example, Alexandra Ma- rova, who has significant experience in dealing with this problem, strong social con- says that there are numerous positive consequences from the so- nections with the called Dima Yakovlev law, which restricts the adoption of children outside world from Russian orphanages by citizens of the USA (Stowe-Thurston, 2013). Even though it is hard to form a certain opinion on it, Alex- andra says that besides the general awareness raising and public opinion change due to this law, there are certain legal initiatives that took place. For example, the bureaucratic procedure of adopting is getting more transparent and efficient. It is obvious that the problem of orphanhood is far from being solved. Also it is clear that there is a strong need for a federal pro- gram of socialization for orphans, both during their presence in
12 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE Even if we think that the initia- tive should come from below, a few activists are not enough to be able to drastically change the situation in a country as huge and socially divided as Russia. Thus, it is crucial to in- form public opinion of the im- portance of the orphanhood issue, as well as to increase awareness of the existence of the problem and the ways that each individual could contrib- ute to a solution. The develop- ment of a program of social ad- aptation of orphans could Canteen in a special education boarding school-orphanage, Cherevkovo, Russia. Source: para- master.ru make a huge difference not on- ly for the issue of orphanhood but also for society as a whole, the orphanage and after gradu- services for mothers who intend as there is now a strong trend ation. Olga Tikhomirova’s solu- to abandon their newborns. towards “family values” in Rus- tion to the problem of socializa- Through consultation, the social sia. Perhaps now people will tion was that “children should worker would be better able to finally realize that Russia is not be raised in families.” Yearly, identify what reason the mother a country free of vulnerable there are about 6,000 new- has for leaving her child, and people, and in fact there are borns left by their mothers in can help to provide some solu- plenty of homeless, disabled, maternity hospitals (Marova, tions to the mother’s problems terminally sick, and people in 2014). According to Alexandra so that the mother can keep her need. This might be a huge step Marova, with the help of the baby. Such a service, according towards a more tolerant society Foundation of Social Orphan- to Marova, would have a huge with a strong civic awareness. hood Prevention, it is possible positive impact on the large to decrease this number by numbers of abandoned new- 50%. To do so, the federal sys- borns. tem would provide social work
ENDNOTES Anon, 2006. Analiz demograficheskoi situacii: tendencii i posledstviya . [online] demografia.ru. Available at:
rom the cozy campus of the Central European University, F which stands on the picturesque banks of the Danube in the heart of Europe, Azerbaijan seems to be too far away - almost in the middle of nowhere. And yet there is a link between the mod- ern, safe and democratic CEU campus and Sheki Penitentiary Insti- tution and Baku Investigative Prison in Azerbaijan. This link is the fate of two CEU alumni – 30 year-old Rashadat Akundov and 44 year-old Ilgar Mammadov. Ilgar graduated at the CEU in Political Economy in 1998, and Rashadat obtained a Master of Business Ad- ministration in 2007. Azerbaijan has never been a particularly democratic state. After the dissolution of the USSR, the state emerged as a republic with a Shown above, Rashadat Akhundov, leader of NIDA civic movement, imprisoned in 2014, strong president. From 1993 to 2003, this was Heydar Aliyev, a for- CEU alumnus. Source: ESI mer head of the KGB branch in Azerbaijan and leader of Soviet Azerbaijan from 1969 to 1982. After his death in 2003 his son, Il- ham Aliyev took over the ruling party and was elected president. The first election of the president’s son was accompanied by re- pression of the opposition. During Ilham’s campaigns for next term in 2008 and 2013 it became even clearer that he had no intention to play by democratic rules – dozens of journalists, activists, elec- tion observers and other human rights defenders were declared criminals. Some were charged with tax evasion, some were por- trayed as terrorists or extremists, some were caught with drugs, and some were arrested due to participation in so-called “mass disorder”. There is always a law that a dissident or a human rights defender can “violate” if he or she becomes too vocal in an authori- Shown above, Ilgar Eldar oglu Mammadov, Azerbaijani politician imprisoned in 2013, tarian state. CEU alumnus. Source: RFERL This is all very sad, you might think, but isn’t it a rather typical situ- ation for most oil and gas rich countries? Many of them are author- itarian and many of them do not respect human rights. Unfortu- nately, this is true. But the case of Azerbaijan is special as the country has been a member of the Council of Europe (CoE), Eu- rope’s human rights body, since 2001. It is also one of the six coun- tries participating in the EU Eastern Partnership and was until re- cently in the process of preparing an Association Agreement with the EU. If political cooperation with the EU has been of a more de- clarative nature, by joining the CoE Azerbaijan ratified a list of bind- ing treaties, most importantly the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). It undertook obligations to ensure respect for human rights and the Female Azerbaijani citizens protesting against the crackdown on civil rights. Source: rule of law, and to develop democratic institutions. The Council of Kavkazskij uzel (Aziz Karimov) Europe has several mechanisms to monitor and enforce the princi- 14 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE ples envisaged by the 1949 Council of Europe and became Despite the fact that all the founding Statute and the sub- one of the chairmen of the op- members of the Council of Eu- sequent conventions. For ex- position Republican Alternative rope are obliged to enforce de- ample, the Parliamentary As- (REAL) movement. Ilgar was not cisions of the European Court sembly of the Council of Europe afraid to criticize the govern- on Human Rights, nothing has (PACE) can make a decision on ment in his blog and in inter- changed for Ilgar – he remains the necessity to monitor elec- views. As an observer and activ- in prison. Moreover, he is not tions in a member country (but ist he often visited sites of pub- the only one. There are 98 po- even though elections are not lic protests. In February 2013, litical prisoners in Azerbaijan, free in many member countries after one of these visits, he was according to a list compiled by including Azerbaijan, nothing arrested. On 17 March 2014, a working group led by two ac- happens). Joining the CoE also the Sheki Court of Grave Crimes tivists in summer 2014 (ESI, extends the jurisdiction of the sentenced Ilgar to seven years 2014). European Court of Human in jail. Soon Amnesty Interna- From May to November 2014, Rights, which enforces the tional recognized him as a pris- Azerbaijan held the chairman- ECHR. oner of conscience. The Europe- ship of the Council of Europe, an Court of Human Rights re- Let us get back to the stories of apparently not at all ashamed ceived an appeal concerning our fellow alumni, which in my of the situation back home. Ilgar’s arrest and pre-trial de- opinion illustrates Azerbaijan’s How can it be that the Council tention. The judgment was de- failing as a member of the of Europe, created as the Euro- livered on 22 May 2014 and Council of Europe. Ilgar became pean institution that has to es- stated that his detention was a political activist promoting tablish and promote standards ungrounded. The court conclud- democracy in Azerbaijan. He of democracy and respect of ed that Ilgar was imprisoned for was the Director of the Baku human rights, has become so his political views (ESI, 2014). School of Political Studies of the blind and complacent? There
Azerbaijani citizens protest. Source: Reuters THE ACTIVIST 2015 15 are several explanations. With of the political considerations are paralyzing the Council of Eu- regard to the political motives, rope and all EU institutions. The EU Special Representative for the line of argument goes like Human Rights recently made a visit to Baku, meeting officials and this: “We need a friend in a three political prisoners including Ilgar (IFEX, 2015). But he made difficult region. Azerbaijan is no public statements condemning the human rights violations in sandwiched between Russia Azerbaijan (APA, 2015). When the prominent investigative journal- and Iran. We need to talk to ist Khadija Ismayilova was arrested in Baku in December 2014, them and convince them gently the EU issued only a lukewarm standard statement of concern that this includes respect for (EU External Action, 2014). human rights” (ESI, 2013). What does it all mean for us? The inability of Europe to insist on The second consideration is respect for human rights in its immediate neighborhood signals much more pragmatic. Azerbai- the weakness of the EU to be at the front of democracy promo- jan is an energy supplier to the tion and to be a regional leader. But more importantly, it shows EU. Currently it is primarily that European politicians are not being pressured by citizens to providing oil to Southern Euro- put values of human rights and democracy on the top of the pean countries, such as Spain, agenda. It is not hard to predict that such trends can challenge or Italy, but Azerbaijan plays a human rights standards inside of the Union. Azerbaijan, even if it role in many European projects seems to be far from us, should be a wake-up call for the civil so- of southern corridors of gas ciety in all European countries to demand from their politicians to supplies (US EIA, 2015). Azer- put values of human rights much higher up on their agenda be- baijan is also active in provid- fore it is too late. They should also insist on the immediate re- ing smaller countries with lease of all political prisoners, including our alumni Ilgar Mamma- loans for infrastructure devel- dov and Rashadat Akundov. opment – Baku petrodollars help to build roads in Serbia and Albania (S. Abbasov, 2012). The lack of a European re- sponse to the existence of po- litical prisoners in Azerbaijan is worrying. The spillover effects
ENDNOTES Abbasov, Shahin (2012) Azerbaijan: What’s with Baku’s Serbia Connection? Eurasianet [Online] http://www.eurasianet.org/node/65475 [Accessed: 13 April 2015] APA, Azerbaijani President receives EU Special Representative for Human Rights [Online] Available from http://en.apa.az/ xeber_azerbaijani_president_receives_eu_specia_223539.html [Accessed: 17 April, 2015] ESI (2013) Azerbaijan Debacle: The PACE debate on 23 January 2013 [Online] Available from: http://www.esiweb.org/pdf/ esi_document_id_136.pdf [Accessed: 13 April 2015] ESI (2014) The list. Political prisoners of Azerbaijan, August 2014 [Online] Available from: http://www.esiweb.org/pdf/THE%20LIST%20-% 2098%20political%20prisoners%20in%20Azerbaijan%20-%20August%202014.pdf [Accessed: 13 April 2015] European Union External Action, Statement by the Spokesperson on the arrest of Azerbaijani journalist Khadija Ismayilova [Online] Avail- able from http://eeas.europa.eu/statements-eeas/2014/141209_01_en.htm [Accessed: 17 April, 2015] IFEX, EU special representative for human rights must meet with Azerbaijan's jailed critics [Online] Available from https://www.ifex.org/ azerbaijan/2015/02/24/jailed_critics/ [Accessed: 17 April, 2015] US Energy Information Administration, Azerbaijan (2015). [Online] Available from: http://www.eia.gov/countries/cab.cfm?fips=aj [Accessed: 13 April 2015] 16 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE My Flawed Footprint Contemporary slavery is both pervasive and easily ig- nored. Shirlene Afshar Vogl tests her Slavery Foot- print of one typical day, followed by an analysis by Tess Pocock of those factors instrumental to the chain in order to understand what it would take to dis- mantle this phenomenon which has mushroomed at the hands of globalization.
Top photo: Tess Pocock Bottom photo: Shirlene Afshar Vogl
ontrary to what Beyoncé from my iPhone at 7 a.m. I boring you with my morning C would have you believe, begin the day by scrolling routine, you are probably won- most of us do not wakeup look- through the news and checking dering now what the signifi- ing ‘flawless’. Personally, I can emails. Once I feel it’s safe to cance of this is. What if I told comfortably admit that I am roll out of bed, I’ll make a cup of you that these normal activities one of those individuals who organic tea, courtesy of the required the work of 20 slaves? has a routine to revive and English Tea Shop. Then to make That’s right, unbeknownst to mask the sleep deprivation of sure I am fully out of the zom- me, it took about 20 slaves to my graduate student self. I bie-like state, I’ll take a refresh- help me get ready for part one would like to take a moment to ing shower with my favorite of my day. products from the Body Shop. share my morning routine with Sadly very little is made in a Then comes the most dreadful you, and later we will see the free world today. This appalling part of the morning: picking out significant role that this plays fact was made clear to me after an outfit. Possibly some can re- for perpetuating contemporary taking the Slavery Footprint sur- late with me, knowing the feel- slavery. My weekdays typically vey, powered by the Made in a ing of the everyday perils of start with the alarm going off Free World movement choosing what to wear when (Slaveryfootprint.org, 2015). I the weather is this dubious as it would have never imaged that, so often is in Budapest. Apparel living in what I think is an open- in my closet consists of any- Throughout the sur- ly democratic and progressive thing from second-hand finds society in the 21st century. The vey, I grew uncom- to H&M deals to Hungarian thought that I could be poten- high-end fashion splurges by fortable with my ig- tially supporting some form of Nanushka. Once I have my contemporary slavery seemed norance of the sup- dressed-to-kill-look all set, it’s incredibly distant. I honestly time to cover up those dark cir- ply chain of my eve- believed that I make a sincere cles and tired eyes with Revlon ryday purchases. effort to purchase local, organ- make-up, brush those pearly ic, and environmentally friendly The survey revealed whites and cleanse my mouth products from companies that with that minty-fresh Listerine. that a total of 48 boast as such. While taking the By now, it is time to jam for Slavery Footprint survey, the slaves worked for class, giving me just a bit of questions really caused me to time to grab breakfast at Costa me indirectly hesitate with every single item I Coffee before lectures. After used on a daily basis. Was I in- THE ACTIVIST 2015 17 directly a part of some horrific buy everyday actually know the impact they are having on the reality without even knowing it? lives of people globally? If so, should they be held accountable? Question after question, I was I started to dig for answers to these questions. Slavery has been confronted with the answer illegal in every country in the world for over three decades (Davis, that yes, I actually was. When 2013). Despite this fact, research suggests there are around 30 asked about my daily meals, million people enslaved internationally. This number is greater clothes, accessories, items in now than at any other point in human history (Kara, 2009). From my medicine cabinet and forced grueling labor in the orange groves of the United States to around the household, I had to children coerced into weaving factories of Northern India, slavery think about the true origins of takes many forms and affects men and women of all ages. Wheth- each and every single item. er psychologically or physically shackled, the common denomina- Throughout the survey, I grew tor for slaves is the inability to escape (Kara, 2009). Unpaid labor uncomfortable with my igno- reflects a major component of the global capitalist model. As Sid- rance of the supply chain of my dharth Kara (2009:4) puts it, “The structures of Western capital- everyday purchases. The survey ism, as spread through the process of economic globalization, revealed that a total of 48 contribute greatly to the destruction of lives this profitability en- slaves worked for me indirectly. tails.” I learned that no country is excluded from participation in This realization, although these atrocities (Kara, 2009:4). In fact, when I switched my country shocking, was a good eye- of study, Hungary, to my country of permanent residence, the opener, but now leaves me with United States, my footprint nearly doubled. Why is the slavery many questions. How can a market more robust than ever, growing each day? For starters, person truly afford to live with- free labor increases profits exponentially. When you don't have to out relying on modern day slav- pay someone to work, profit margins skyrocket. Companies that ery? Do the companies that do this get away with it because the supply chains can often be make and sell the products we hard to capture, leading businesses to buy slave labor products
Source: http://slaveryfootprint.org/survey/#closet_clothing
18 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE It has become obvious to me that changing consumer habits is inescapable and timing is dire. We must begin by de- creasing—if not halting— From forced grueling labor in the orange consumption of products groves of the United States to children linked to exploitative labor. coerced into weaving factories of North- This occurs when we identify and discontinue consumption ern India, slavery takes many forms and of slavery tainted products and affects men and women of all ages. intentionally consume only those items fairly traded, local- ly sourced, reused, or recycled or when we choose to boycott and not buy (Endslaverynow.org, 2015). In- dividual action by way of con- scientious ethical consuming is either without knowing it or deliberately turning a blind eye. I one step in the right direction wonder, if consumers required supply chain transparency, would (Barry and MacDonald, 2015). it then be likely that we would find industries opting out of the use It comes from immense privi- of exploitative labor? lege that I am culpable of con- End Slavery Now, a branch of the National Underground Railroad tributing by way of consump- Freedom Center, provides a comprehensive list of simple changes tion, which makes me much individuals can make in their day-to-day lives. The first is to be- more liable for identifying and come educated on the issues at stake and various forms of con- engaging with the solution. I temporary slavery (Endslaverynow.org, 2015). According to this, am still aghast by my slavery grasping your impact is crucial to being an agent of change. footprint, but ignorance is not Though social media advocacy can be an exceptional tool for en- bliss. The footprint is a con- gaging your network, 'clicktivism' will not cut it. While we cannot stant reminder that we live in a rely on governments and corporations to incite change, writing to world fueled by shackles. elected officials and to the multi-national companies that profit from the use of exploitative labor and letting them know that we want this topic on the top of their agendas is a good start. This is a way to develop conversations that desperately need to be taking place in every community.
ENDNOTES Barry, C. and MacDonald, K. (2015). Modern slavery and the responsibilities of individual consumers. [online] openDemocracy. Available at: http://www.opendemocracy.net [Accessed 10 Mar. 2015]. Davis, S. (2013). Top 7 Facts about Modern Slavery. [online] The Borgen Project. Available at: http://www.borgenproject.org/ [Accessed 1 Mar. 2015]. Endslaverynow.org, (2015). Consumer Action. [online] Available at: http://www.endslaverynow.org/act/consumer-action [Accessed 1 Mar. 2015]. Kara, S. (2010). Sex Trafficking: Inside the Business of Modern Slavery. Columbia University Press. Slaveryfootprint.org, (2015). Slavery Footprint. [online] Available at: http://www.slaveryfootprint.org [Accessed 1 Mar. 2015]. THE ACTIVIST 2015 19 Protection of Russian nationals abroad: case of Crimea Olena Guz analyzes whether the Russian Federation may lawfully rely on the doctrine of protection of Rus- sian nationals abroad
ussian compatriots living mea be?” 53% supported the kin-state in ensuring human R abroad after breakup of status of Crimea within Ukraine rights of its citizens abroad shall the Soviet Union became a tool as it was by that day, 23% – Cri- not undermine the principles of for Kremlin to manipulate with mea should be separated and international law. international norms and inter- given to Russia, 12% - Crimean The kin-state may protect its national order. Seizure of Cri- Tatar autonomy within Ukraine, nationals through means of dip- mea is a great example of this, and 2% - common region of lomatic protection if the country where the Russian government Ukraine (International Republi- invoked such concepts as the can Institute et al 2013, p. 17). right to self-determination, the One of the arguments raised by responsibility to protect (R2P) the Kremlin in seizing the pen- and the doctrine of protection insula is the doctrine of protec- of nationals abroad by its kin- The kin-state may tion of nationals abroad by its state. kin-state, in this case, protec- protect its nationals Ukraine is a multinational coun- tion of Russian nationals in Cri- through means of try, though Ukrainians make up mea. This article will analyze significant majority of the total the application of this doctrine. the diplomatic pro- population. Diversity of popula- According to public internation- tection if the coun- tion was one of the traits of Cri- al law, the home state bears the try of residence mea also. The peninsula was primary responsibility for secur- inhabited by Ukrainians, Rus- failed to undertake ing human rights within its ter- sians, Crimean Tatars and ritory. The kin-state also plays necessary many other nationalities, while an important role in ensuring a lot of people from the penin- measures. Russia human rights of its citizens sula simply considered them- abroad but its actions are sub- has not been under- selves as Crimean emphasizing ordinate and shall be in con- taken any peaceful their identity rather than by a formity with international law. nationality or ethnicity. Accord- or diplomatic The Framework Convention for ing to a public opinion survey the Protection of National Mi- means to protect its held on May 2013 residents of norities stipulates that ‘nothing Crimea, regardless of their nationals in Crimea in the Convention shall be inter- passports, considered them- preted as implying any right to in case of existence selves as the following: 40% - engage in any activity or per- of alleged threat, as Russian, 24% - Crimean, 15% - form any act contrary to the Ukrainian, 15% - Crimean the Russian govern- fundamental principles of inter- Tatar, and 6% - other national law and in particular of ment pointed. (International Republican Insti- the sovereign equality, territori- tute et al 2013, p. 8). The sec- al integrity and political inde- ond important question in the pendence of States’ (Article 21) survey was “In your opinion, (Council of Europe 1995). Thus, what should the status of Cri- any activity performed by the
20 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE of residence fails to undertake necessary measures. Russia has tection of nationals (Walter not undertaken any peaceful or diplomatic means to protect its 2014, p. 307). The UN Charter nationals in Crimea in the case of the existence of alleged threat, set forth a prohibition of the as the Russian government pointed out. Grounds put forward by use of force in Article 2(4). The Putin are merely of political character - such as the threat to Rus- only exception is the use of sian-speaking population in Crimea or ‘fascist’ government in Kyiv. force in the case of self- None of the evidences have been fixed or disclosed. In particular, defense, as enshrined in Article Russia has not submitted any complaint to the ECHR or monitor- 51 of the UN Charter. The Draft ing bodies regarding the violations of rights of Russian nationals Articles on Diplomatic Protec- by the Ukrainian government. The majority of international lead- tion Article 2 incorporates that: ers, as well as organizations, condemn the illegal annexation of ‘the threat or use of force is Crimea by Kremlin. For example, in one of its first resolutions re- prohibited as a means of diplo- garding the situation in Ukraine, the PACE states that there was matic protection, except in the no ultra-right wing takeover of the central government in Kyiv, nor case of rescue of nationals was there any imminent threat to the right of the ethnic Russian where: minority in the country, including Crimea (Parliamentary Assembly 2014). (a) the State has failed to secure the safety of its nationals by Military intervention to the peninsula was reasoned as a tool to peaceful means; protect Russians in Crimea according to the official posture of Kremlin. First of all, such official statements of the Russian gov- (b) the injuring State is unwilling ernment beg that the question be asked of whether Russia as a or unable to secure the safety kin-state may rely on the use of force and doctrine of protection of the nationals of the protect- of Russians abroad in the case of Crimea. Many scholars explored ing State; the issue of the protection of nationals abroad and a significant majority did not recognize the use of force as a tool for the pro-
Partial map of Eastern Europe. Source: http://www.pbs.org/newshour/updates/background-briefing-ukraine-crisis/ THE ACTIVIST 2015 21 The kin-state plays also an important role compatriots all people who are able to speak in Russian, who in ensuring human rights of its citizens share a common history and abroad, but its actions are subordinate affiliate themselves with Russia. The concept of protection of and shall be in conformity with interna- nationals abroad does not ap- tional law. ply to ethnic affiliation (Walter 2014, p. 308). For instance, in Crimea there was a significant (c) the nationals of the protect- tral African Republic, Rwanda, number of ethnic Russians ing State are exposed to imme- the Congo etc. However, those which held Ukrainian pass- diate danger to their persons; operations have not been de- ports. After the occupation of signed to establish military (d) the use of force is propor- Crimea, Russia started to issue control over territories, but to tionate in the circumstances of Russian passports to the resi- evacuate nationals and guaran- the situation; dents of the peninsula. Thus, all tee their safe return to the kin- residents of Crimea who held (e) the use of force is terminat- state. These evacuation opera- Ukrainian citizenship had to de- ed, and the protecting State tions are exceptions in interna- clare their wish to maintain withdraws its forces, as soon as tional law. The Russian military Ukrainian citizenship within a the nationals are rescued.’ intervention cannot be called one-month period, if not they an evacuation operation of It should be noted that criteria would become Russian citizens Russians because of the estab- in Article 2 are cumulative. by default. Besides, those who lishment of a military presence Commentary to this Article clar- wanted to remain Ukrainian and control over the peninsula, ifies the use of force shall be citizens would have to undergo or merely based on the lack of limited to the instances of complicated procedures. In de- fact for the safe return of Rus- emergencies, where nationals tail, to declare a will to hold sians to Russia. are exposed to the immediate Ukrainian passport was not danger and the home-state is Finally, the doctrine of protec- enough, so local authorities re- unable to protect (Dugard 2000, tion of nationals abroad refers quired additional documents. p. 220). Walter refers to the to the concept of nationality, Otherwise, they were left no protection of nationals abroad while the Kremlin adheres to choice but to accept the Rus- in international practice as to very generous position regard- sian citizenship (Human Rights ‘non-combatant evacuation op- ing compatriots. Thus, the Rus- Watch 2014, p. 28). To sum up, erations’ exercised in the Cen- sian Federation considers as the doctrine of protection of nationals abroad does not ap- ply to the case of Crimea and the use of force in form of the military intervention does not constitute a part of the protec- tion of nationals. Furthermore, the doctrine of protection of nationals has been distorted by Kremlin and in reality, it does not fulfill the criteria set forth by international practice and law.
Crimean landscape. Photocredit: Sergey Shulga
22 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE ENDNOTES Council of Europe 1995. Retrieved March 11, 2015, from Framework Convention for the Protection of National Minorities: http:// conventions.coe.int/Treaty/en/Treaties/html/157.htm Dugard, J. R. 2000, First report on diplomatic protection, available at http://legal.un.org/ilc/documentation/english/a_cn4_506.pdf Human Rights Watch 2014, Rights in Retreat: Abuses in Crimea, available at http://www.hrw.org/sites/default/files/reports/ crimea1114web_0.pdf International Republican Institute, Baltic Surveys Ltd. The Gallup Organization, Rating Group Ukraine 2013, Public Opinion Survey Resi- dents of the Autonomous Republic of Crimea, available at http://pdf.usaid.gov/pdf_docs/pnaec705.pdf (accessed 8 December 2014). Parliamentary Assembly of the Council of Europe 2014, Resolution (1988) Recent developments in Ukraine: threats to the functioning of democratic institutions. Retrieved March 11, 2015, from Council of Europe: http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp? fileid=20873&lang=en Walter, C. 2014, Postscript: Self-Determination, Secession, and the Crimean Crisis 2014. In C. Walter, A. von Ungem-Stemberg, & K. Abush- ov, Self-Determination and Secession in International Law. Oxford: Oxford University Press.
“Keep Pennsylvania Beauti- ful”. Resisting Marcellus Shale Connections Amanda Winter explores community resistance to a gas pipeline in Pennsylvania.
S mall battles are taking try projects, (2) reclaim their democratic citizenship through ac- place across North America tive participation in the energy regulation process, and (3) use against the oil and gas industry, their relative privilege to highlight injustices – the injustices notably on and around the against those most affected by climate change. This local process Marcellus Shale fields, as citi- takes years, from the moment that industry survey work and ap- zens resist projects to frack and plications are drawn, community groups emerge. They informally build oil pipelines that cause educate each other about everything from environmental issues social and ecological damage at to legal rights such as civil disobedience and the government’s every stage. The environmental movement has shown its num- bers recently at the NYC Cli- mate Rally (September 2014) The local resistance becomes a battle of with 400,000 citizens protesting in the streets, including an connections – Lancastrians who are cul- effort to shut down Wall Street, turally connected to the land, their agri- connecting the environmental cultural history and way of life, versus crisis to the economic crisis. However these celebratory mo- the Atlantic Sunrise Pipeline, a political ments are few and far be- and economic global connection to the tween. What happens at the everyday level paints a differ- Marcellus Shale, manifest in energy in- ent picture: communities gath- frastructure. er to devise tactics and alterna- tive world visions in an effort to (1) save their lands from indus-
THE ACTIVIST 2015 23 use of eminent domain. The ties of Lebanon and Lancaster the grassroots, starting at the media often features the high- to develop an organized re- local farm and looking outward. lights, when industry and citi- sistance effort. Petitions, coali- Lancaster, the ‘heart of Pennsyl- zens clash. As a participant in tion groups, fundraisers, pro- vania Dutch Country’, remains a this political struggle, I realized tests, and even non-violent di- tourist site for those seeking to that the majority of the activ- rect action quickly developed escape the city, to have a ists’ time is spent behind the in the past year, when citizens glimpse of what life was like scenes: reading news and aca- were volunteering their time to ‘back in the old days’ of self- demic articles about similar a gamble in which the stakes sufficiency. The area has also cases, knocking on every door are uneven and certainly not in been referred to as our ‘Machu of the neighborhood, reviewing their favor. They targeted Picchu’ given the number of Na- maps and pipeline proposals, different governance levels: tive American artifacts and bur- updating social media, writing national (Federal Energy Regu- ial grounds (Khan 8-2-2015, and responding to countless latory Commission – who has Public Source). Along with emails. never disapproved a corporate these, the pipeline would dam- proposal); state (by following This resistance addresses many age Amish and traditional Lan- the 2014 gubernatorial elec- debates: how to transition to castrian bucolic farms with roll- tion) and local (municipalities); renewable energy systems, ing hills. Further, the destruc- while churning out op-eds for workers and land rights, and tion of deep forests and water- local newspapers and ques- what ‘national energy security’ ways that connect to the Sus- tioning the corporate funding even means in an increasingly quehanna watershed are treat- agreements with nearby uni- globalized world. In south cen- ed as negligible costs by the Ok- versities that conduct ‘expert tral Pennsylvania, another gas lahoma-based Williams Compa- research’. Their work advanc- pipeline proposal has sparked ny. With this historical connec- es through small battles, from local citizens in my home coun- tion to the land, it should be no
24 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE surprise that out of the ten not be affected; 4) or suppose counties this pipeline would cut that Pennsylvania has had pipe- through, the strongest re- lines for decades and for that sistance has emerged here reason we should not worry or (Khan 8-2-2015, Public Source). question the fracking boom. The negative health A diversity of activists can be And what have we got so far and environmental seen. Not all are ‘hippie envi- from the fracking boom? A gag fracking effects ronmentalists’: some have con- order on doctors which restricts cern for their family farm, some discussion and research on have already been are fishermen, some are wor- fracking-related health prob- documented in Gas- ried about the local endan- lems, 209 polluted water land by Pennsylva- gered species, and some have sources, and forest and farm- heard too many stories about land degradation, resulting in nia native Josh Fox. leaks and explosions along ecological and economic loss pipeline routes. Activists remain for local citizens. Former gover- the minority, however. Most nor Tom Corbett (Republican, people I have talked to fall into 2011-2015) ran on a pro-gas drilling platform, leading Penn- one of these four categories: 1) ment and our future cannot be sylvania to be the only US state are against the pipeline but feel compensated for by taxes”. they cannot do anything about which does not tax gas compa- it; 2) believe the industry-led nies. Although taxes are a mea- While not directly on top of the myths that this will create jobs ger point in the big picture, as now infamous Marcellus Shale and energy independence; 3) Dan Simpson (30-7-2014, Pitts- Fields, this area is nevertheless feel that because it does not go burg Post-Gazette) writes “what impacted by the political ecolo- through their property they will they are doing to the environ- gy of liquid natural gas. The process of extracting and transporting this gas through pipelines physically extends the Marcellus Shale – the pipe- line enables the commodifica- tion of this gas, and is por- trayed by the Williams Compa- ny (2015) as a “connector to markets”. The local resistance becomes a battle of connec- tions – Lancastrians who are culturally connected to the land, their agricultural history and way of life, versus the At- lantic Sunrise Pipeline, a politi- cal and economic global con- nection to the Marcellus Shale, manifest in energy infrastruc- ture. Growing up, I remember pass- ing “Keep Pennsylvania Beauti- ful” signs along the highway: a positive phrase to deter drivers from littering. However, discus- sions about the effects of our Lancaster, PA. Source: bigbluevan730.blogspot.hu past and present energy sys-
THE ACTIVIST 2015 25 tems are severely lacking. We could learn from our disastrous en- test their ecological connection ergy production history like the 1979 nuclear meltdown at Three to the Marcellus Shale; rather Mile Island or the deaths, pollution and fires from coal mining. their intent is to oppose their Perhaps if there were some sort of conversation about the alter- political and economic connec- natives for Pennsylvania, the connection to the Marcellus Shale tion to it via the proposed At- could be seen as exploitative and problematic. Instead many cling lantic Sunrise pipeline in a bid to the propaganda of an ‘energy independent’ future supported to “Keep Pennsylvania Beauti- by the bounty of the Marcellus Shale. ful”. As demonstrated, these small battles across North America are complex political struggles, dependent on the historical and geo- graphic background of the specific region. The resistance has a global echo, as fossil fuel infrastructures are locally contested, giv- ing way for cultural connections, solidarity and the creation of al- ternative energy solutions around the world. This activism is con- tinuous and evolving, but is presently confined to a minority who envision an environmentally just system. Lancastrians cannot con-
FOOTNOTES Kahn, Natasha. 8 February 2015. “Marcellus Life: A Native American Protest to Stop a PA Pipeline.” Public Source. URL: http:// publicsource.org/investigations/marcellus-life-native-american-protest-stop-pa-pipeline#.VQGVFfnF_Ko Simpson, Dan. 30 July 2014. “Fracking Compromises the Future of Pennsylvania.” Pittsburgh Post-Gazette. URL: http://www.post- gazette.com/opinion/2014/07/30/Dan-Simpson-Fracking-compromises-the-future-of-Pennsylvania-environment/stories/201407300039 Williams. 2015. “Atlantic Sunrise Overview.” URL: http://atlanticsunriseexpansion.com/about-the-project/overview/
&e Unwanted “Guests”: &e refugees crossing the Syrian-Turkish Border Georgiana Turculet brings light to the current Syrian refugee status and the Turkish response.
he Turkish driver tells me: “I saw a colorful cloud of dust families, donors, and a few T down the valley advancing towards the Syrian border. I small organizations provided stopped the car and I kept on looking in that direction. As the much of the help to refugees in cloud was advancing closer and closer, I realized that they were the Kurdish areas in Southern the refugees of the political crisis in Syria. I started crying”. He was Turkey. IOM, UNHCR and the accompanying me in November 2014 on my fieldtrip to visit the Turkish government were not camps hosting the refugees who survived Assad’s regime and ISIS. providing support in Batman at There were prevalently exhausted women and crying children, old the time when I was investigat- and ill grandfathers, walking with a stick. My driver could not ing. speak for a few minutes. After a pause: “My minivan only fits fif- People kept arriving in big flows teen people but that day it fit forty-five individuals all at once and I in the last three to four years, drove them to Batman (a city in Southern Turkey close to the Syri- and Turkey’s borders are still an border). After several trips, I carried together with a few more open to them. The recent Syri- folks from the municipality about five hundred people in one day. an refugee crisis opened a de- “This was the only way I could go home and sleep at night.” Ac- bate on the issue of migration cording to officials at Batman municipality, private individuals, law regarding the status and
26 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE South of Turkey, a refugee camp near Batman. November, 2014. Photocredit: Georgiana Turculet.
the rights of refugees and asy- like Istanbul, Ankara and Izmir. lum seekers. According to UN- They move toward where they HCR estimates, since the con- have relatives, or where they flict in Syria began, Turkey, after can find jobs, hoping to ensure Syrians, equally to only Lebanon, accommodated their families a life that feels within its jurisdictional bounda- more ‘normal’ than life in the other vulnerable ries the most conspicuous camps. When in 2012 Kofi An- number of refugees (around nan, the United Nations cease- ethnic and national two million), but none of them fire envoy, resigned from his are recognized legally as refu- position, the number of the ref- groups, are refu- gees. Turkey is one of the signa- ugees were thousands; where- gees; none are tory states of the 1951 Geneva as today, due to the protracted Convention but it still applies political crisis and the rise of ‘guests’, and they “geographical limitations,” the fundamentalist group ISIS which means that only those in Syria and Iraq, the number are not to be di- fleeing as a consequence of has reached millions in the re- "events occurring in Eu- gion, mostly Lebanon, Jordan verged on separate rope" can be given refugee sta- and Turkey. Not only has the legal procedures tus. protracted conflict displaced Nowadays in Turkey there are millions internally and in neigh- based on where as many as twenty refugee boring countries but it is also camps hosting Syrian refugees wiping out all hopes for a fore- they are from. since 2011. Yet at present, the seeable return of Syrians to large majority of refugees live their own homes. Too many in the urban space, in big cities towns were destroyed,
THE ACTIVIST 2015 27 South of Turkey, a refugee camp near Batman. November, 2014. Photocredit: Georgiana Turculet. bombed, or occupied. The social fiber of the country and its politi- date workers, and is issuing cal institutions will most likely be severely undermined too by the work permits to at least some end of the conflict. Syrians in the near future. Al- lowing Syrians to legally work Turkey started realizing that Syrians are not ‘guests’ anymore, as seems a thoughtful step toward they were called at the beginning, and that their accommodation placing refugees in conditions must be conceived as more than temporary. However, the govern- of fair access to minimal work- ment of Turkey does not have sufficient resources to provide refu- ing conditions and rights, fos- gees with basic services, such as basic sanitation, shelter, clean tering the possibility of gaining water, etc. Current expenses reach five billion, out of which only a respectful life. 5% the international community contributed (Icduygu, forthcom- ing). Despite all efforts, Turkey is arriving towards the end of its Turkey has invested financially management and financial capacities. This leads to growing rac- more than most countries into ism, xenophobia and political mobilization of Turkish citizens offering ‘temporary protection’ against the refugees. Simultaneously citizens blame government to Syrians, but why did Turkey for taking care of ‘others,’ rather than of its own poor. Further- take most of the ‘burden’? Tur- more, Syrians are visible in streets, begging with their children in key is a signatory of the 1951 big squares. Syrians often agree to work irregularly (legally they Convention, like most states are not allowed to work). Consequently, minimal wages in Turkish are. But Turkey, unlike most labor market decrease, which leads to growing discontent of the states, has never lifted the native population. An underpaid Syrian trying to feed his children ‘geographic limitations’ and in Turkey is a victim, twice. He became a victim when he fled for therefore Turkey is dealing with his survival, and secondly, when he is underpaid by some greedy Syrians in a ‘special way.’ It is employers, he is also perceived and often assaulted by citizens not clear whether this policy is whose wages are depressed. The Turkish Labor Ministry is cur- motivated by humanitarian rently evaluating which sectors of the economy could accommo- 28 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE The international community has provided extremely limited support to the humanitarian crises Syrians are suffering in Turkey (5%). Another problem is that Turkey treats the hu- manitarian crisis as a ‘domestic’ issue. Syrians, equally to other vulnerable ethnic and national groups, are refugees; none are ‘guests’ and there is no reason to apply separate legal proce- dures to them. Once we get that straight, only then can Tur- key provide this type of assis- tance, motivated primarily by the moral concern towards the vulnerable and not contingent upon its international or do- mestic affairs. Turkey has recently become one of the active providers of international technical assis- tance. Thus, as the donor coun- South of Turkey, a refugee camp near Batman. November, 2014. Photocredit: Georgiana try it can allocate more funding Turculet. towards provisions of the Syri- concern, or political motivations (perhaps related to Assad’s re- an refugee needs [2], whereas gime). historically the USA and the EU The human cloud approaching the border of Turkey consists of detained the primacy in dona- ‘legitimate’ refugees but none of them is provided the legal recog- tions to alleviate human suffer- nition of ‘refugee’ as Turkey is reluctant to sign respective treaties ing. In circumstances in which (regarding geographical limitations). wealthy Western countries pro- vided more support and assis- As of now, most Western democracies do not seem to be sharing tance, perhaps Turkey would the burden, though they are obliged to do so as signatory coun- have also aligned more to a mi- tries of the 1951 Convention and the 1967 legal rectifications gration regime concerned with abandoning geographical limitations. They should fulfill their du- human rights protection, pri- ties and provide financial support to Turkey, a country bordering marily. with the conflict and under the form of welcoming refugees to its territory.
ACKNOWLEDGEMENTS “The research leading to these results has received funding from the European Union's Seventh Framework Programme (FP7/2007-2013) under grant agreement n° 316796”
FOOTNOTES 1. All photos accompanying the article are taken in the South of Turkey, in a camp near Batman. Some call the camp “The new City”. Most refugees seen in camps are children, women and old man, rarely young men. Photographer: Georgiana Turculet. Date: November, 2014. 2. UN Commissioner for Refugees (UNHCR), recent report: http://www.unhcr.org/55016fff6.html, and Juliette Tolay’s commentary in http:// www.transatlanticacademy.org/node/784
ENDNOTES Icduygu A., forthcoming, ‘Syrian Refugees in Turkey: The Long Road Ahead’, Migration Policy Institute .
THE ACTIVIST 2015 29 Snowden v. United States A Kantian v. utilitarian/ consequentialist perspective John McLean contrasts the ethical reasoning behind the stances of the NSA and Edward Snowden regard- ing the release of the Snowden Files.
n 2013, extensive details of universal standards that super- large-scale data collection public I widespread covert surveil- seded his obligations as a gov- knowledge is a maxim needed lance operations being carried ernment employee. The NSA to achieve a trusted and inde- out by the National Security claim that Snowden, in leaking pendent internet. In order for it Agency of the United States the secret information, failed to to be legitimate, the maxim were surreptitiously leaked to maintain certain ethical stand- must be shown, through reason the world’s media by NSA con- ards which they can justifiably or demonstration, to be good tractor Edward Snowden. A have expected him to adhere to without qualification, even if global debate was sparked as their employee and as a citi- replicated universally. On this around the moral justifications zen of the United States. There basis, the NSA presents the of operating such surveillance is a distinct non-emphasis of counter-argument that leaking and keeping the existence of immediate ‘ends’ in Snowden’s information about the NSA’s such programs a secret. discourse and, instead, he em- programs to the press is not phasizes the kinds of institu- universally good, pointing spe- A Kantian perspective tions, processes and social in- cifically to the need for NSA pro- “The unconstrained disclosure teractions that are in place. grams to remain secret in order of those [mass surveillance] ca- Kant, in his Groundwork of the to maintain efficacy. This casts pabilities mean targets move Metaphysics of Morals (1785), doubt on the appropriateness away from our ability to have makes a distinction between the of Snowden’s action and rea- insight into what they’re doing. end result of an action and the soning. Kant maintains that the Then we are at greater risk be- motivations of its author, con- only action which can be trusted cause we don’t see the threats testing that the true value of an to be wholly moral is to follow coming.” action must come from its au- what one perceives as their duty thor’s intention and the value of (Aune, 1979). This can be inher- - Richard Ledgett, NSA Deputy this intention can be judged in ently contradictory. For exam- Director, TED Talk, March 2014 terms of its universal applicabil- ple, choosing between the duty “Who I am really doesn’t matter ity. In this respect, Snowden to safeguard American security at all… What really matters is sees the independence and uni- interests and feeling duty- the kind of government we versal trustworthiness of the bound to ensure the trustwor- want, the kind of internet we internet as a categorical impera- thiness of the internet. The de- want, and the kind of relation- tive, a universally applicable ciding factor is the answer to ship between people and socie- goal among other, related cate- the following question: would a ties [we want].” gorical imperatives regarding given course of action be desira- - Edward Snowden, TED Talk, government institutions and ble if everyone were to behave March 2014 society as a whole. in this manner under the same circumstances? Snowden’s quote above cap- The action needed to achieve a tures the essence of his ethical categorical imperative is known reasoning, which is based on as a maxim. In this case, making
30 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE An individual agent must choose to ad- here or not to a rule which they feel com- pelled to break for moral reasons based on their own evaluation of the authority which has formulated the rule (Johnson, 1988)
A utilitarian/consequentialist But where does this leave a to gain from it. In contrast, perspective consequentialist individual? An Snowden asserted his commit- individual agent must choose ment to continue working in the There is a general understand- whether to adhere or not to a public interest regardless of the ing among the American public rule, which they feel compelled personal consequences. Both that certain rights, which are to break for moral reasons display a connection to an end often spoken of as universal based on their own evaluation goal, which can roughly be sum- and vital, in fact come with qual- of the authority which has for- mated as ‘the interests of the ifications. One example is the mulated the rule (Johnson, American public’, but Ledgett right to free speech. Very few 1988). As Snowden states, references immediate security Americans would argue that “Trusting anybody, any govern- gains that can be made in this freedom of speech should be ment authority with the entirety specific case, whereas Snowden permitted to the extreme of of human communication with- makes reference to the loftier, hate speech, slander and incite- out oversight is simply too great long-term ideal, the public inter- ment to violence. The primary a temptation to be ig- est as a categorical imperative. purpose of such rights is to pro- nored” (TED Talk, 2014). tect from negative effects, ra- ther than to promote positive Conclusion effects, and as such these rights The NSA takes a more conse- can be circumvented under a quentialist perspective than consequentialist approach to Snowden, who is more deonto- ward off even greater negative logical. This was never better effects (Scanlon, 1988). From displayed than in the closing this perspective, the NSA made remarks of Ledgett at his TED a judgment call (with the aid of Talk, in which he states that the US judicial process) over the there will always be an avenue trade-off between the right to to amnesty or some sort of deal privacy and the right to be pro- between Snowden and the US, tected by the state. provided the US has something
FOOTNOTES Aune, Bruce. Kant’s Theory of Morals. Princeton, NJ: Princeton University Press, 1979. Johnson, Conrad D. “The Authority of the Moral Agent”. in Consequentialism and Its Critics, edited by Samuel Scheffler. Oxford: Oxford University Press, 1988. Kant, Immanuel. Groundwork of the Metaphysics of Morals, translated and edited by Mary Gregor. 1785. Reprint, Cambridge, UK: Cam- bridge University Press, 1998. Ledgett, Richard. “The NSA responds to Edward Snowden’s TED Talk”. Lecture, TED 2014, Vancouver. (March, 2014). http://www.ted.com/ talks/richard_ledgett_the_nsa_responds_to_edward_snowden_s_ted_talk#t-2135, Transcript: http://blog.ted.com/2014/03/20/the-nsa- responds-to-edward-snowdens-interview-at-ted/. Snowden, Edward. “Here's how we take back the Internet”. Lecture, TED 2014, Vancouver. (March, 2014). http://www.ted.com/talks/ edward_snowden_here_s_how_we_take_back_the_internet Scanlon, T. M. “Rights, Goals and Fairness” in Consequentialism and Its Critics, edited by Samuel Scheffler. Oxford: Oxford University Press, 1988.
THE ACTIVIST 2015 31 &e Rainbow Flag at Half- mast: &e Limitations and Successes of Russian LGBT NGOs Jacqueline Dufalla shows how Russian LGBT NGOs, contrary to popular opinion, can continue to have successful programs, mostly by building local support and focusing on domestic issues.
ussia reentering the global has been able to be selective in the NGOs according to its targets. R stage with the Sochi Olym- For the most part, only a few NGOs have been forced to close pics brought to light the situa- down due to heavy fines, and they typically engage in political ac- tion of the LGBT community in tivity that strongly challenges the government’s legitimacy. Yet the Russia to the Western world. phrasing of the 2012 law harmed Russian civil society more as a While, on the one hand, this “foreign agent” in the USSR was a traitor to the country. Despite provided the LGBT community this inhospitable environment, some NGOs have managed to find with outside support, it did not success. paint the complete picture of The LGBT movement in the USSR noticeably began in the 1980s the situation in Russia. Rather, and developed further under Boris Yeltsin. At first, domestic LGBT if we look at Russian LGBT non- activists successfully campaigned for the decriminalization of ho- governmental organizations mosexuality under Russian law. They backed Yeltsin and garnered (NGOs) and their projects, we some support from him (Russian Gay History). The LGBT move- can see that some are still suc- ment has suffered in recent years, however. In 2007, 19 percent of cessful. Often, failures come Russian respondents believed that homosexuality should be pun- from Russian NGOs attempting ishable by law, but by 2013, the figure rose to 42 percent (Sewell, to employ outside methods and 2013-14-08). Although there are multiple reasons for this increase, build off of international rather such as government rhetoric and the close relationship between than domestic support. the government and Orthodox Church, the shift coincided with a Before looking at the practices more assertive LGBT community. In 2005, the NGO Gay Russia of Russian LGBT NGOs, it is was founded. In 2006, the movement began to push for legal, an- worth understanding both the nual gay pride parades, but still now there are only illegal parades LGBT community and the civil (Senzee, 2014-06-30). Such parades, which are legal cornerstones society in Russia. In July 2012, of the LGBT movements in the US and Europe, can turn conserva- Russia instated a “Foreign tive Russians against the LGBT community (Duvernet, 2013-07-17). Agent Law” requiring all NGOs Indeed, Russian NGOs have admitted that “some of their present to register as a “foreign agent difficulties are caused by their attempts to adapt to the Western (инностранный агент)” if they models” (ed. European Commission, 1998: 46). Also in 2006, Gay received foreign funding and “if Russia helped to found the Russian LGBT Network (lgbtnet.ru), a they intend to conduct political larger NGO. According to the network’s website, the organization activities” (NGO, 2013). Due to relies heavily on foreign funding, and its aim is to hold Russia ac- the vagueness of the condi- countable to international norms. While it is not uncommon for tions, the Russian government NGOs to reach out for international support, in the case of the LGBT movement, using imported methods and a foreign approach 32 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE Lena Klimova, Russian LGBTIQ activist , founder of Deti-404 (Children 404). Source: bok-o-bok.ru seems to have done little to garner the support of the public or government. It is important for a budding civil society to connect with local actors and attitudes in order to be effective. Despite the setbacks, some LGBT NGOs have been able to contin- ue and avoid their shutdowns. Firstly, it must be said that it is still a hostile atmosphere in Russia for the LGBT movement, and here the success is defined as maintaining everyday operations, pro- jects, and communicating with the greater global civil society. While it is not un- There may still be negative feedback and occasional physical alter- cations. While the numbers of NGOs are not as boisterous as common for NGOs those in the United States or Europe, the fact of the matter is the to reach out for in- majority of these organizations have evaded both the “foreign ternational sup- agent” label and a less than favorable Russian public. port, in the case of Most of the successful organizations have merged the message of LGBT rights with the concerns and opinions of the public. For in- the LGBT move- stance, the LGBT NGO “ЛГБТ- Служение “Nuntiare et Rec- ment, using im- reare” (LGBT-Ministry “Proclaim and Strengthen”)” (nuntiare.org), despite occasional confrontations with the Orthodox Church, ported methods overall continues to operate. It attempts to demonstrate how reli- and a foreign ap- gions actually support the LGBT community, and there are pages proach seems to on its website specifically about attitudes toward sexual orienta- tion in Islam, Christianity, and Judaism. In addition, it has an annu- have done little to al forum where participants can discuss these issues. Despite a garner the support threat at the last forum and the hostility from the Orthodox Church, the organization has been growing, operating with inter- of the public or national partners, and continues to work in Russia without garner- government. ing much attention from authorities. Combining religion and LGBT acceptance is a common theme in successful LGBT NGOs, which is both an interesting approach and responsive to local concerns. After the collapse of the USSR, Russia experienced a rapid resur- gence of the Orthodox faith, and by attempting to communicate to the Russian public through religion, the LGBT movement may find some success.
THE ACTIVIST 2015 33 Some of the most successful LGBT NGOs deal with LGBT members living with HIV. While admittedly it is unfortunate to propagate the idea that only homosexual men contract HIV, these organizations do focus on issues facing the wider LGBT community as well as help those with HIV. One highly suc- cessful NGO is called “LaSky” (lasky.ru) offers infor- mation about safe sex for cou- ples of all sexual orientations. It also makes an effort to work with the government and NGOs and has several regional offices across Russia. HIV is a growing “Children-404, you aren’t an error!” Drawing by one of the contributors to the Facebook group of public health problem in Rus- Deti-404 organization. Source: facebook.com/children.404 sia, and by grouping it with LGBT rights, several NGOs have about the support they wanted and suicidal thoughts. Soon it be- interestingly found success. It is came a fulltime project, gaining notoriety and staying open. In most likely due to the growing fact, Vitaly Milonov, member of the Legislative Assembly of St. Pe- concerns of the population with tersburg, attempted to have the organization shutdown using the this problem as well as the gov- propaganda law, but the case was dismissed by the court (Our ernment’s inability to combat it. history, 2014). The organization has gone on to make both a doc- In this niche, civil society has umentary film and book about LGBT adolescents in Russia. Chil- been able to play an active role. dren-404 relies directly on support from the local community, Another very successful LGBT specifically personal letters from LGBT children and adolescents. NGO is “Дети-404 (Children- While recently the founder was fined, the organization continues 404)” (deti-404.com), which is (Elena Klimova, 2015-01-23). The personal connection may cause founded in response to the Russian citizens to reflect on their own attitudes toward the LGBT 2013 homosexual propaganda community. law that argues children should In short, despite an inhospitable environment for both NGOs and not see homosexuality in media the LGBT community, some Russian LGBT NGOs continue to or other sources. Children-404 maintain their projects and work with the international communi- started the same year when its ty. Like all budding civil societies, what is vital to their success is founder started receiving let- their ability to connect with the local population either through ters from LGBT children and solving pressing problems or by framing LGBT concerns through adolescents and publishing a familiar framework. them online. Most letters were
FOOTNOTES Duvernet, Paul 2013, ‘Being Gay in Today's Russia,’ Russia Beyond The Headlines 17 July. Available from:
34 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE In his shoes: A memoir of masculini= Giavana Margo and Freyja Jónudóttir Barkardóttir , DRAB, transgress the boundaries of feminine and masculine; taking gender subversion to the streets of Budapest as a personally empowering and political action.
Top Photo: Giavana Margo /Alter ego KenDICK Lamar Bottom Photo: Freyja Jónudóttir Barkardóttir/Alter ego Jaques La-cum
e are DRAB. We are some other group, i.e. an act of As a woman, there are certain W girls and we dress like expropriation or appropriation things that I can do and certain boys. We do it because it´s fun, that assumes that gender is the things I cannot do. When I put we laugh together when we get rightful property of sex, that on drab clothes and drab make- dressed up, but there is also a "masculine" belongs to "male" up, the range of possibilities serious element to it. Dressing and "feminine" belongs to changes. I don´t know if liberat- as boys takes us out of our "female". There is no "proper" ing is the right word, but the comfort zone and it enables us gender, a gender proper to one experience of wearing a man´s to transgress traditional gender sex rather than another, which attire makes me feel like I can roles. These are our experienc- is in some sense that sex´s cul- behave differently than when es, and the experiences of our tural property. " (Judith Butler I´m in my “normal” clothes. 2004: 127). brothers. Some of my friends like that I "Drag is not the putting on of a dress in DRAB, some don´t. The gender that belongs properly to
Hey Gurrrl. Jacques La-Cum, KenDICK Lamar, Trevor Whatever, and Asschaps Cumberbratch. Photo by Katarzyna Nalewajko
THE ACTIVIST 2015 35 same applies to members of my family. The first time my mother saw a picture of my me in drab, she didn´t recognize me. /DRABer DRAB, dressing as boys, is not meant as an attack of what is masculine. Rather, it is about transgression. “When asked, “What´s a Drag King?” I reply: “Anyone (regardless of gender) who con- sciously makes a performance out of masculinity.” (Volcano and Halberstam 1999: 16). Trevor Whatever in a tunnel. Photo by Katarzyna Nalewajko “Drag, like all clothing, is an eve- ryday technique to engage, cite To me, DRAB is more than transgressing (gender performance). and disrupt gender traditions, When I first discovered feminism, I found it to be very liberating. I always with the possibility of find feminism to be critical in its essence. It is about questioning calling into question what is be- all the things that we take for granted in our everyday practices. ing conveyed through the tech- Accepting the political message that feminism offers made me nologies of dress-up”. (Volcano think of all the things that I do to perpetuate the structures of pa- and Dahl 2008: 48). triarchy. It made me question how I construct my own identity, through thoughts, ideas and behavior.
Bathroom break. Jacques La-Cum, Doug Eaglecrotch, KenDICK Lamar, Trevor Whatever, (front) Peter Jacksoff. Photo by Lucy Hackworth
36 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE Hanging with the boys. Jacques La-Cum, Trevor Whatever, Asschaps Cumberbratch, and KenDICK Lamar. Photo by Katarzyna Nalewajko
It´s about challenging the We reclaim our own masculini- norm, it´s about doing some- ty. thing that´s uncomfortable. “The feeling of comfort and re- It´s empowering. lief I experienced when being perceived as male came as It´s not just how you look, it´s quite a shock to me because I also about how you behave. was raised to believe in the I don´t know if lib- Through doing DRAB, I am say- power and glory of woman- erating is the right ing that women can behave this hood. There are some who ac- way too. word, but the expe- cuse me of betraying rience of wearing a /DRABer “womanity” by inhabiting what man´s attire makes “If I were a boy even just for a looks and sounds like a male day/ I'd roll out of bed in the body. BOLLOCKS to that I say! me feel like I can be- morning/ And throw on what I I´m a Gender Terrorist, a walk- have differently wanted and go/ Drink beer with ing, talking bomb in The Boys than when I´m in the guys/ And chase after girls/ Club. Tick Tock. Tick Tock”. I'd kick it with who I wanted/ (Volcano and Halberstam 1999: my “normal” And I'd never get confronted 21). clothes. for it/ 'Cause they stick up for When I was born, they told me I me” (Beyoncé) was a girl. I had particular body DRAB challenges the gender parts, particular hormones and binary. We do not reject our particular genes. This is what femininity for masculinity. We this body means. This is what it discover our own masculinity. means to be a girl they said. I
THE ACTIVIST 2015 37 Ultimate masculinity. Trevor Whatever, Asschaps Cumberbratch, and Jacques La-Cum. Photo by Katarzyna Nalewajko didn't question it. I didn't feel performance I have learned to naturalize as part of my sex, as part troubled by it. I wore dresses, I of my identity. But if it is a performance, a series of repetitive be- had tea parties, I liked boys, I haviors that constitute the illusion of an original, then it can be un- was good at social sciences. But learned; it can be subverted. sometimes I wanted to be a I can subvert myself. And I do. I subvert myself through DRAB. Fri- boy. Sometimes I felt like a boy. day morning I wake up, I take a shower, I shave my legs, I pluck my I was big and strong and hairy. I eyebrows and mustache (yes, mustache), I put on make-up and wasn't supposed to be that way. I dieted, I shaved, then shaved some more. I tried not to be so loud, so opinionated, so strong. But I was. I was femi- nine, but I was also masculine. Judith Butler (2004: 127) wrote, “genders are appropriated, the- atricality, worn and done; it im- plies that all gendering is a kind of impersonation and approxi- mation (...) gender is a kind of imitation for which there is no original” (Butler, 127). I am a woman, I identify as a woman. But, I can no longer be sure whether the things I do and feel are part of me, or part of the Can I buy you a drink? Photo by Aušrinė Skirmantė
38 CENTRAL EUROPEAN UNIVERSITY HUMAN RIGHTS INITIATIVE Photo by Katarzyna Nalewajko eyeliner. Today I perform the feminine. I do my gender. I go on a date, I bring a man home to my bed. On this day I am a woman. Saturday morning I If I were a boy even just for a day wake up, I take a shower, and I I'd roll out of bed in the morning paint on my beard. Today I per- form the masculine. I do the And throw on what I wanted and go gender they told me was never Drink beer with the guys my own, but which I know is as And chase after girls much a part of me as is my femininity. I walk through the I'd kick it with who I wanted city, taking up space, talking as And I'd never get confronted for it loudly as I please, and having beers with the boys. On this 'Cause they stick up for me day I am a man. /DRABer
ENDNOTES All photos are provided by the DRAB collective.
FOOTNOTES Butler, J. 2004, Imitation and Gender Insubodination. In Salih, S. and Butler, J. (eds.) The Judith Butler Reader. Malden, MA: Blackwell. 119- 137. Volcano, D.L. and Dahl, U. 2008, Femmes of Power: Exploding Queer Femininities. Serpents Tail, London. Volcano, D.L. and Halberstam, J. 1999, The Drag King Book. Serpent´s Tail, London. ‘Beyonce Knowles Lyrics, If I were a Boy’ (2000-2015). Retrieved March 25, 2015,Available from: http://www.azlyrics.com/lyrics/beyonceknowles/ifiwereaboy.html [25 March 2015].
THE ACTIVIST 2015 39 HUMAN RIGHTS INITIATIVE hrsi.ceu.edu [email protected] Oktober 6 utca 7, 419a, 1051 Budapest, Hungary
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MAY 2015