From: MSN NicknameEagle_wng  (Original Message)    Sent: 12/15/2005 2:19 AM
What's At Stake?
Russian Activists Threatened by Proposed New Law

 


The Draft Federal Law "On Amendment of Selected Legislative Acts of the Russian Federation," which passed its first reading by a 370-18 vote in the lower house of the  Russian legislature, or State Duma, on November 23, 2005, threatens the independence and existence of nongovernmental organizations (NGOs) operating in Russia.

If the bill in its current official form is passed into law, foreign nongovernmental organizations, including human rights and humanitarian groups, would be prohibited from operating within Russia if they cannot re-register as domestic legal entities.  Organizations with offices in Russia have already indicated that given the burdensome registration requirements, they will most likely be faced with closure.  A main goal of the draft law, according to President Vladimir Putin, is to prevent foreign influence in Russian political activities.

In addition, domestic charitable and human rights organizations will be prohibited from receiving foreign funding.  "Whether these organizations want it or not, they become an instrument in the hands of foreign states that use them to achieve their own political objectives," President Putin said in response to criticisms against the law. "This situation is unacceptable."

These and other provisions would make it impossible for most human rights organizations to function in Russia.  At least one organization has already been refused funding from a foreign source in anticipation of the passing of this law.  The organization - the Forum for Migration Organizations, Russia's largest organization dealing with migration and refugee issues - has therefore suspended its activities indefinitely.  The law would not contribute to the purpose stated in the text of the draft:  to stabilize civil society.  Instead, the law is more likely to destroy existing independent organizations.

Furthermore, all Russian NGOs will have to submit applications for registration or re-registration under new procedures to a government agency within one year from the date of passing.  The grounds upon which the agency could refuse applications for registration are broad and vague, which could facilitate the arbitrary application of the law.  As no judicial oversight of this process has been outlined, the potential for misapplication of the re-registration procedures would undermine the independence of NGOs.

Independent organizations in Russia, including humanitarian and human rights groups, play a critical role in monitoring democratic progress in Russia.  In the months leading up to the 2007 parliamentary elections and the 2008 presidential elections in Russia, it is important that independent human rights organizations are permitted to function without threat of closure.

This draft law was introduced in the midst of several efforts to shut down independent organizations that openly and peacefully criticize the Russian government's policies, especially regarding the conflict in Chechnya.  The law can therefore be seen as part of the Russian government's increasing intolerance toward its critics

To promote security in Russia, the government should ensure respect for freedom of expression, assembly and association, as guaranteed in the Russian Constitution and international human rights documents.  The right to freedom of association, enshrined in Article 22 of the International Covenant on Civil and Political Rights, as well as in the Russian constitution, includes the right of an association to operate effectively and independently.  The draft amendments to the laws on public associations and non-profit organizations would severely restrict the enjoyment of this right to association and would unduly burden NGOs with heavy government control and interference in their activities and funding.

The proposed law shows a disregard for the U.N. Declaration on Human Rights Defenders, which recognizes that "for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: (a) to meet or assemble peacefully; (b) to form, join and participate in nongovernmental organizations, associations or groups; (c) to communicate with nongovernmental or intergovernmental organizations."  Article 2 (2) of the Declaration requires states to adopt legislation "to ensure that the rights and freedoms referred to ... are effectively guaranteed." Article 13 states: "Everyone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms, through peaceful means..." The proposed new legislation does not meet this standard.

At this critical time in Russia's evolution the government should do everything in its power to prevent a law that would undermine fourteen years of democratic progress made since the fall of the Soviet Union.  The government should join its European counterparts in demonstrating its commitment to democratic progress by supporting civil society, rather than seeking to control and destroy it.

 

Click here to take action:  http://action.humanrightsfirst.org/campaign/NGO_Bill

http://action.humanrightsfirst.org/campaign/NGO_Bill/explanation?