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Аслан Шаззо на сервере Стихи.ру

April, 30th 2007, Tuapse town

Dear visitors and delegates of the VI congress of the Black sea Adygs-Shapsugs!

The current position of Shapsugs mismatches not only to their design ethnic living, but - in many respects - to the points of view developed in the international practice in relation to the rights of the indigenous population, and elementary ideas about any social justice. To the great regret, that is an obvious and known fact for all to us.

Today I shall tell about the Federal law “About guarantees of rights of radical small peoples of Russian Federation”. However I am not going to list in details all the rights and the privileges stated in the specified Law (they are also well-known to us), and would like to offer - in the view of the done work and the collected information - to consider the state of affairs in this sphere in some new light.

Yes, the specified Law contains a powerful social package, namely gives a lot of privileges for the indigenous small peoples. As to the status of the radical small peoples it had been given to Black sea Adygs-Shapsugs since March, 2000 by the Governmental order of Russian Federation.

In the fact that today we speak about this Law, there is something symbolical: I shall dare to remind you that today it is the anniversary –8 years ago on April, 30th, 1999 the Federal law “About guarantees of rights of the radical small peoples of Russian Federation” was adopted. However, as it is known, any of the privileges of the discussed Law in have not been given Shapsugs in Krasnodar territory.

During our activities, communicating both with average citizens, and officials, including officials of rather high levels, I repeatedly heard the following: “And why should you, Shapsugs, be given any privileges? Are you better than the others? In our country we have equality of the rights, so why Armenians, Ukraines, Russians, and so on should be worse?”

Statements of such sort are, at least, illiterate if to not say - provocative. The point is not that one could be better or worse. The point is that the peoples being near the edge of their full disappearance in the view of their small number cannot independently provide preservation of their original cultures, physical survival and development. And our state recognizes the duty (by means of item 69 of the Constitution of Russian Federation) to protect the small peoples.

Small people’s state protection is based on granting special - or let’s say - additional - rights, to those peoples, through providing favorable conditions for their revival and development. Thus our state in the above-stated purposes actually gives to the small peoples more rights, than to any other peoples. And this difference of the rights legalized by the state is not discrimination in relation to the other peoples. That is only one of the conventional principles of the international law Russian Federation observed.

Shapsugs do not demand and do not apply for something another's - like at times, distorting, some regional leaders and politicians try to present it. Shapsugs only achieve what is necessary to them according to the Law – nothing more, but still nothing less.

Taking this opportunity, I would like to describe the state of affairs in this sphere in the other regions of Russian Federation. There is the data which I am ready to document. Now representatives of the radical small peoples compactly live in 35 subjects of Russian Federation. For today I had analyzed the regional legislation of 23 subjects of Russian Federation.

These are Charters (or Constitutions) of the federative subjects of Russian Federation and other regional legal papers of those regions.

The facts are the following: in 22 subjects of Russian Federation (!) the norms of the specified law are realized totally, and in 23rd subject –Krasnodar territory – they are not implemented in any way. Analyzing of the situation in this sphere in the other subjects of Russian Federation will be continued, but I can assume that the specified law, most likely, unlike Krasnodar territory, is entirely realized in the other regions of Russian Federations, too.

It seems to be that only Shapsugs are not given the specified privileges. Unfortunately, it is abundantly clear proofs that there is unconcealed injustice in relation to the – yes, small – but entire people. Not once we had come to such conclusions, discussing the developed situation with our relatives, friends and average inhabitants of the Black Sea Coast.

I am sincerely convinced in that, and the motivation of my activities in this direction is my aspiration to achieve justice.

All this pushed me to study more deeply and in more details the international and the Russian federal legislations. After that some enthusiasts (average citizens) and I had been carried out a number of concrete measures. Below I shall result the basic steps undertaken on the basis of the analysis.

In November, 2005 I got in my authorship the article “The Indigenous People” in the newspaper “Shapsugia” was published. Thus the article was wide-speared by a number of the Internet web-sites of the international and federal origin. In my article it was evidently and well-proved (with full links to the international and the Russian legislations) the facts of infringement of the rights and the legitimate interests of Shapsugs in the view of their heavy social and economic position.

And all this was on a background of numerous messages of various mass-media describing what well and rich living is in Krasnodar territory, successful policy of attraction of great investments and other financial assets directed to the Black Sea Coast of Krasnodar territory.

On December, 7th, 2005 I took part in the conference “Condition and Prospects of Development of Peoples of Caucasus” which passed in Abkhazia in Sukhumi town. At the conference I was given an opportunity to act with the report on the theme “Indigenous People – Exists or Not?”.

In December, 2006 my article “To the Question of Shapsugs’ position in Krasnodar territory” was published in magazine “Caucasian Expert” # 3 (7) 2006 – the magazine is extended among the deputies of the State Duma of Russian Federation. The publication in such serious journal became some kind of passing through a legal examination and check of the position about political correctness.

Within 2006 with the purpose of restoration and protection of Black sea Adygs-Shapsugs’ rights I - with participation of other enthusiasts - organized a number of applications to the authorities of Krasnodar territory:

18.05.2006. Kobzh I.B. sent a letter to Sochi mayor Kolodjazhny V.V.;

25.07.2006 Tesheva H.V., Napso I.S. and Kobzh I.B. sent a letter to the address of the deputies of the City Assembly of Sochi;

27.07.2006 Tesheva H.V. and Napso I.S. sent the letter to the address of the deputy head of the interdistrict inspection of the Federal tax service of Russia # 7 across Krasnodar territory (Nemtseva A.I).

So, in the letter to the address of the head of Sochi Kolodjazhny V.V. it was written the following: “you are, dear Victor Viktorovich, is the major representative of the government bodies in the territories which are the region of Shapsugs’ historical residing. In your jurisdiction there is this problem and its prompt solving depends on your good will”.

However the answer of Sochi municipal administration had not justified the expectations; there was no satisfaction of the reference. Thus in spite of the fact that a lot of the problems and questions were mentioned in the letters, the official reply was written in “half way” and concerned only one question. In connection to that the received reply is incomplete, biassed and illegal.

The reply of the head of the interdistrict inspection of the Federal tax service of Russia # 7 is legally illiterate (that is why it was also illegal) as in it Nemtseva A.I. giving reason for her official rejection, referred to the norm of the Federal law that had become invalid for a long time ago!

As one would expect, in very original way deputies - people's choices - reacted the reference of the group of citizens! The mentioned inquiry sent to the address of the deputies of City Assembly of Sochi 25.07.2006 (!), was replied till now. Probably, “the people’s servants” are anxious with more important, than protection of the rights of the indigenous population, affairs. As it will be shown below, the Sochi deputies are much more anxious with observation in the territory of Sochi (!) of the rights of the small nationalities of Siberia, the North and the Far East, instead of those who really live there.

Thus, we understand that we cannot count on a good will of the corresponding heads of the state authorities (i.e. to connect our hope with those whom solving of the problems depends on) it is not necessary so we had been compelled to address to the judicial instances: 14.09.2006 Tesheva H.V. and Napso I.S. submitted applications to Lazarevsky regional court of Sochi “About contest of inactivity of local government institutions and recognition partially invalid the statutory act of local government institutions”;

17.10.2006 Tesheva H.V. and Napso I.S. submitted applications to the Central regional court of Sochi “About contest of inactivity of local government institutions and recognition partially invalid the statutory act of local government institutions”;

06.11.2006 Tesheva H.V. and Napso I.S. submitted to the Judicial board on civil cases of the Krasnodar regional court of Sochi their cassation complaints to definitions of the Central regional court;

30.03.2007 Tkhagushev R.R. submitted his application to Tuapse town court “About recognition inappropriate the town Charter of Tuapse municipal formation to the federal legislation”;

13.04.2007 the group of citizens (Tesheva H.V., Napso I.S., Tkhagushev R.R. and Husht M.H.) sent their reference to the public prosecutor of Krasnodar territory with request to check up carefully reasons for discrepancy of the Charters of municipal formations of Sochi, Tuapse and Tuapsinsky area to the federal legislation and in case of finding such discrepancy to the federal legislation to take all necessary measures for solving the existing problem;

19.04.2007 Husht M.H. submitted the application to Tuapsinsky regional court “About recognition inappropriate the Charter of Tuapsinsky area municipal formation to the federal legislation”.

At present the references to the public prosecutor of Krasnodar territory and to Tuapsinsky regional court are on consideration, and we sincerely hope for positive reply of the declared petitions in those instances.

However till now in all the instances we had addressed, there was one characteristic attribute, namely - infringement by the courts (or other departments) those or other legislative norms connected with observance of the remedial terms and other points of order.

I wish to stop on the most odious of them.

An absurd decision of Tuapsinsky town court which was made on April, 12th this year. During the judicial session a representative of the Council of municipal formation of Tuapse town in very polite and benevolent tone declared: “Official data about the fact of Shapsugs’ residing in Tuapse does not prove to be true. There gypsies 5 person. There are Tatars, too - 22 persons. And there are not Shapsugs”.

As a result, despite of the tone declared at the session, the decision of the court the fact that Shapsugs ostensibly do not live in Tuapse, had been approved all the same. That is an absolutely clear and precise signal of the way the judicial authority of Krasnodar territory looks at solving of Shapsugs’ question.

We considered the fact of Shapsugs’ residing in Tuapse as a fact of common knowledge not demanding any proof, but now it is necessary to confirm that documentary at the level of the Krasnodar regional court.

Besides in the court’s opinion, in conditions of the modern city the opportunities of conducting the traditional way of life and realization of traditional managing and employment in the traditional crafts (as in the cities people mainly live in apartment houses) are excluded, they are torn off by nature, and conduct the civilized way of life.

Differently, the traditional way of Shapsugs’ living and their aspiration to be engaged to the traditional managing was opposed to the civilized way of life which criterion should be residing in apartment houses. And this disputable, and in relation to all the small peoples (like any other civilized people), - offensive statement became one of the Russian laws. As it is known, the decision of any judicial instance including Tuapsinsky town court, is valid the Law.

However “palm tree of superiority”, indisputable, belong to the deputies of City Assembly of Sochi. Tax privileges on land tenure are given - according to the legal act they adopted - to the indigenous small peoples of the North, Siberia and the Far East.

Having given the specified privileges, the Sochi deputies have legislatively confirmed the fact that the mentioned small peoples (with all our respect to them) compactly live in territory of Sochi, conduct their traditional ways of living, managing and crafts. That they live in yurts, graze deer, hunt seals and polar bears, and so on. And all this they do on the Black Sea coast of Sochi (!).

Besides according to the law developed by the people's choices, Sochi is the territory of the traditional settling of the small peoples of the North, Siberia and the Far East, without any exception.

I shall tell fairly that I do not know, whether the deputies, having adopted corresponding norms, now see these people made happy around of themselves. Perhaps, they do, and not only they, but also some of the high-ranking officials who refer to that law. Average citizens, probably, by virtue of their status do not notice deer settlements, places of a seals’ craft, or even dog teams.

If to speak seriously, the mentioned facts do not give in any, even the most refined sophistic - logic. In the first case judicial bodies do not give privileges to Shapsugs, motivating it with that they, Shapsugs, can confirm referring to documents that they do exist; in the second case the legislative bodies (not clear on what bases) give the privileges to those who never lived and do not live in this territory.

Thus they do not pay attention to the indigenous people primordially living by the Black Sea Coast at all.

In the developed conditions it is obvious that for solving of Shapsugs’ question it is simply vital carrying out of ethnologic examination concerning Black sea Adygs-Shapsugs with the purpose of documentary registration of the territory of their residing, their social and economic position and the ways they conduct the traditional managing and crafts.

It is also necessary for the courts and the other authorities of Krasnodar territory for which the fact that Shapsugs really live in Tuapse, in Sochi, in auls of Tuapsinsky and Lazarevsky areas of Sochi absolutely does not play any role. They do not care of their heavy social and economic position.

Now in the court we should represent some document (for example, a form!), confirming the fact of residing of Shapsug people. There is no form – there is no people.

Such universal document, in our opinion, can also become results of the ethnologic examination organized by the scientific institutes of the Southern federal district.

In this connection, I ask the VI congress of Black sea Adygs-Shapsugs to bring in the decision of the congress the position about reference with request to corresponding scientific institutes of Adygeya Republic, Krasnodar territory, Kabardino-Balkarian Republic and the other subjects of the SFD for carrying out of the ethnologic examination.

Summing up, I wish to say that despite of the fact that for the present moment we have not achieved any positive result, nevertheless, I am firmly convinced that justice will be restored within the limits of federal legislative field.

And then society can tell with great confidence and optimism: justice has triumphed. And for all the representatives of the indigenous people - Shapsugs - as well as for all the citizens it will be absolutely clear that they were lucky to be born in such state where only fair decisions are possible.

Zaurbek Shu, NatPress

Опубликовал administrator, 10-05-2007, 19:26. Просмотров: 1701
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