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The next reference with request for help in protection of statehood of the indigenous people of the republic was sent on March 21st by Circassian congress of Adygeya to the head of the secretary of the frame convention on protection of rights of national minorities of the Council of Europe Mr. Antti Korkeakivi.

The question raised in the reference, in particular, is about the regional law on referendum (being adopted nowadays) from which guarantees on safety of the status and borders of the republic are removed. The bill, we shall remind, had been adopted in two readings by the previous parliament.

The present reference is also signed by the head of Circassian congress of Karachaevo-Circassia Beslan Mahov and the chairman of Independent social-research center of KBR Jury Shanibov.

According to the leader of Circassian congress of Adygeya Murat Berzegov, about expediency of the reference to the Council of Europe North-Caucasian region supervisor at the OSCE Supreme commissioner Rolfe Ekeus Dmitry Aleshkevich had told. OSCE, as he noted, is engaged in security affairs, conflicts, their prevention; the Council of Europe besides other affairs considers legislations.

Despite all the positive motions, Berzegov noted in the conversation, the indigenous population of Adygeya is still in danger. Yes, the republic had been visited by the governor of Krasnodar territory Alexander Tkachev who declared inadmissibility of gamble on the problem of the status of the republic, told about necessity of economic integration of the two independent subjects of the federation – the republic and the territory.

But the forces, intending to liquidate the republic, nevertheless had passed in Adygeya parliament, and having used nationalistic-chauvinist slogans.

Therefore, explained Berzegov, they added to the reference protests of the public prosecutor and the Ministry of Justice of the republic on the basis of which the law "About referendum of Adygeya Republic" - existed earlier - had been cancelled, and materials of "Union of Slavs of Adygeya" which became the program for the regional branch of the Industrial incorporated party of Russia during the election campaign into the republican parliament, applictions of Circassian congress references of the Circassian congress in occasion of nationalistic-chauvinist statements of that election association to the republican Office of Public Prosecutor, the Central Election Committee, protests of the public prosecutor to the federal inspector and many other things were enclosed, too.

They certainly enclosed to the reference the new variant of the republican law about referendum offered Adygeya.

In the reference in particular it was spoken:

“We, Adygs (Circassians) – are one of the most ancient nations in the world, which brought unique contribution to development of the mankind.

The history of our people can be traced since the moment of creation of the civilization in Northwest Caucasus; its artifacts are concentrated on this territory.

The Russian-Caucasian war of the XVIII-XIX centuries pushed Adygeyan (Circassian) people to the edge of survival. According to the Russian imperial official statistics, about 40 percent of Adygs were exterminated physically, more than 50 percent of them were violently deported into the Ottoman empire; on their historical native land less than 10 percent of Adygs remained.

After the October revolution of 1917 the territorially isolated rests of our people were formed in some state formations with different variants of statehood: Kabardino-Balkarian Republic, Karachaevo-Circassian autonomous region, Adygeya autonomous region and Shapsuggian national area. A part of settlements with compactly residing Adygs (Circassians) were integrated into Northern Ossetia, in Stavropol and Krasnodar territories.

Under some unreasonable pretext of an economic inconsistency in 1945 Shapsuggian national area was liquidated.

In 1991 the indigenous population of Adygeya autonomous region, basing on the right of nation to self-determination, proclaimed raise of the status of statehood - Republic of Adygeya.

Later subject-forming nations of Karachaevo-Circassia also declared about raise of the status up to the level of republic.

Under a pretext of strengthening of the vertical of authority in Russia since 2001 the threat to sovereignty of the subjects of the federation began accruing; they started to withdraw from the legislations of republics positions guaranteeing such sovereignty.

In Republic of Adygeya nowadays there are no any legislative norms guaranteeing its further existence, still the positions, allowing abolishing its status are not yet adopted.

In the current international legal system the right to self-determination is included in the circle of the norms adjusting the rights and freedoms of man (clause 1 of the International pact about economic, social and cultural rights and clause 1 of the International pact about civil and political rights, December 19th, 1966, ratified by the Presidium of the Supreme body of the USSR on September 18th, 1973).

The specified International pacts are external and interstate legal obligations of Russian Federation as the assignee of the USSR and a member of the United Nations Organization. According to these documents every nation has the right to self-determination, and by virtue of that nations "freely establish their political status and freely provide their economic, social and political development"; all the states are obliged "to encourage realization of the right to self-determination and to respect with this right".

According to "Declaration of principles of the international law concerning friendship and cooperation among states in accordance with the Charter of the United Nations Organization", adopted by the General Assembly of the United Nations on October 24th, 1970, the right to self-determination is one of the main principles of the international law. The ways of realization of the right to self-determination can be: "creation of sovereign and independent state, free integration with an independent state or association with it, or establishment of any other political status".

Alongside with that clause 29 of the General declaration of human rights establishes that in realization of the rights and freedoms it is necessary to provide due recognition and respect of the rights and freedom of others. According to the resolution of the General Assembly of the United Nations Organization 41/117 of December 4th, 1986 "development and protection of one category of the rights can never serve as a pretext or a justification for liberation of states from development and protection of other rights".

Otherwise in realization of any right including the right to self-determination, not realization of the right as well as abusing the right can take place.

Now with some silent inactivity of the law enforcement bodies of the federal authorities in Republic of Adygeya attributes of the national intolerance and raising of the interethnic discord are can be seen. The interethnic intolerance is openly provoked by the demagogues of some political movements maintaining the latent prejudices and manipulating information.

The same political forces in mass media openly call for discrimination under the national attribute in the field of work and trade. Statements humiliating the national dignity of the indigenous people of Republic of Adygeya are spoken.

Let's mention an example of such numerous statements (citation from the article "About Position of Russians in Adygeya", newspaper "Zakubanie" № 23 (165), 2005): - "the situation was characterized by one my friend: Adygs teach us, supervise us, treat us, judge and bury us. If they did that well, probably we would not have such sad death rate statistics".

Nationalistic forces say publicly about social and economic problems of only Russian (Slavic) population of Adygeya, accusing of all the troubles the indigenous ethnos and the political status of the republic. The main motive of those speeches can be reduced to one: if the status of Republic of Adygeya were abolished, all the Russian inhabitants of Adygeya would begin living well. As the reason in favour of the integration of Krasnodar territory and Adygeya they name ostensibly political inconsistency and social and economic disorder in Adygeya.

On the eve of the elections into the State Soviet-Khase (parliament) of Adygeya those forces united in a block and adopted the joint program. In the resolution announced at their congress, the block incurred obligations to get in the parliament and to pass a law on referendum in Republic of Adygeya that would allow voting on integration of the republic with Krasnodar territory.

They sounded at the congress through the lips of the head of Adygeya republican branch of the National majestic party of Russia the appeal to Russians "to use more actively the lawful ways to get arm weapon". The weapon, as he said, "is necessary for protection of the national interests of Russians, both in Russia and abroad".

Thus, now in Republic of Adygeya the forces, aggressively, with the nationalistic-chauvinism propagandizing the idea of assimilation of Krasnodar territory and Adygeya, are actively forming. Despite of counteraction of the public from among the indigenous people of the republic, despite of all the protests sent to different state instances, those forces led their election campaign into the State Soviet-Khase of Adygeya with their slogans and now, having received deputy mandates, are going to implement their plans.

The principle of equality and self-determination of nations starts with the thesis that every nation is in its own right to create an independent subject. Today on that basis in the international law the system of norms develops – the international law of nations which component the right of indigenous nation is.

The international right of nations is fixed in the Constitution of Russian Federation; Adygeya as one of its subjects had signed the Federal Agreement. On the basis of it in Adygeya till the summer 2005 the Law of Republic of Adygeya on January 6th, 1999 # 106 "About referendum of Republic of Adygeya" (in edition of the Law of Republic of Adygeya of October 11th, 2000 # 199) in which there was interdiction of voting concerning territorial integrity of the republic, operated.

However from submission of "defenders of the interests of the Russian-speaking majority", and under pressure of the federal supervising bodies in the republic that law was abolished as mismatching norms of the federal legislation. Exchanging that law they are passing the other law in which guarantees of safety of the indigenous nation’s statehood are absent.

Positions of the new law, according to its composers, is brought into accord with the Federal law of June 12th, 2002 № 67 "About basic guarantees of suffrages and right to participation in referendum of citizens of Russian Federation".

Thus existence of the Federal constitutional law "About referendum of Russian Federation" of June 11th, 2004 № 56248-4 in which item 5 in clause 6 it is spoken that "on referendum questions concerned changing of the status of subject (subjects) of Russian Federation fixed by the Constitution of Russian Federation cannot be born" is not considered at all. It is explained with that ostensibly positions of the law in relation to such voting can be used only in the entire federation and not in its separate subjects.

In connection with that the laws specified above do not regulate the rights of the indigenous peoples allowing free establishing their political status, and they plan to spend voting concerned referendum by the principle of mechanical majority, it is obvious that Adygs (Circassians) and Russian inhabitants of Adygeya participating in such voting would be in unequal conditions.

The indigenous population would lose the natural right to dispose its own destiny; Adygs (Circassians) should have obeyed implicitly to the Russian-speaking majority, and the dominating not radical majority owing to its superiority in strength would receive the unnatural opportunity to state the future of the other people.

Results of such referendum led on those norms would be predetermined; it would be impossible to protect the status of Republic of Adygeya. The indigenous nation of Adygeya makes only 24 percent of the total number of inhabitants; actually Adygs (Circassians) in Republic of Adygeya are a national minority. The dominating nationality is Russian population of Adygeya.

But the disproportion was arisen not as a result of the natural loss of the one people and the gain of the other, and as result of the Russian-Caucasian war: extermination of the indigenous population, violent deportation out of the limits of their historical native land, Russian colonists’ settling in the abandoned lands. Thus, the referendum on statehood of Adygeya, led to these conditions would become the real continuation of the imperial policies of the imperial Russia directed on extermination of Adygs (Circassians) as a nation.

We, Adygs (Circassians) do not pay any attention to the question of domination. Basing on the principle of equality, we want parity and equal rights to management of our republic, carrying out thus at our own discretion political, economic, social and cultural development.

We are firmly convinced that the parity representation in the parliament and other bodies of authorities provides equality of opportunities in the manner that any of the parties upholding some interests cannot dominate over other ones.

We are firmly convinced that all the peoples have the right to self-determination; by virtue of this right they freely establish their political status and carry out economic, social and cultural development.

Thus insufficient political, economic and social base of the subject of the right to self-determination must never be used as a pretext for a change, to be exact, for an abolition of its political status.

We are sincerely convinced that the achievements we found by means of self-determination, cannot be cancelled without clear and expressed in democratic way consent of those who are directly involved, namely without the consent of the indigenous people of Adygeya - Adygs (Circassians).

We consider that in Republic of Adygeya where various national groups coexist, it is necessary to fix corresponding forms of self-management and to guarantee on the institutional level the rights of the indigenous people, which provide the opportunity to define the political status freely, without intervention from outside, to carry out at own discretion political, economic, social and cultural development in its territory.

In the view of all the told above and in connection with that attempts to defend the achievements found within the limits of self-determination in the lawful way, lead to that the rights of the national minority are denied, we ask to consider all the spectrum of the opportunities of your organization, including the means of political dialogue, using of the human measurement mechanism and sending missions of the experts in Republic of Adygeya.

We address to you with our desperate request to interfere immediately in the situation in Adygeya with the purpose of preservation of its statehood in the form of sovereign republic.

Entrusting to your destiny of people, we call for sending in Republic of Adygeya a special commission with the purpose of analysis of the above-mentioned facts as well as their objective estimation.

We hope that the situation now developing in the republic will be settled down by the control bodies of the Council of Europe on the principles of the international law”.

IA REGNUM
Опубликовал administrator, 21-03-2006, 22:01. Просмотров: 699
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