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3 November 1994
Doc. 7192
OPINION on the situation of the German ethnic minority in the former Soviet Union1
(Rapporteur: Mr SCHWIMMER, Austria, Group of the European People's Party)
Introduction
The falling apart of the former Soviet Union has had a powerful impact on the situation of the German ethnic minority there. Whereas in Russia efforts are being made to find appropriate solutions, in other states like Kazakhstan and Kirghizistan the problems are increasing.
The report of the Committee on Migration, Refugees and Demography presents the complex historical background of the problems of the German ethnic minority in the former Soviet Union. It contains detailed information about legal, economic and political measures undertaken by law-makers and governments in the affected states. The conclusions are solidly supported by facts and figures and extensive references.
The accent in the draft resolution is rightly placed on the situation of the German ethnic minority in republics of the former Soviet Union, other than Russia.
1. Background
It is not the first time that the Parliamentary Assembly handles the question of the German ethnic minority in the former Soviet Union. Different aspects of this problem have often been the subject of parliamentary debates. The position of the Assembly is incorporated in several documents of the Assembly, mentioned both in the report and in the preliminary draft resolution.
However, the turbulent social and economic developments in the former Soviet Union have brought about major changes in the situation of ethnic minorities. There are serious reasons for the Parliamentary Assembly to revisit this troublesome field.
2. Russia
Indeed, the present position of Russia can only be welcomed. A number of legal instruments, specially devoted to the questions of minorities, and to the German minority in particular, have been adopted.
Among them a special mention should be made of the Russian Rehabilitation Act of 1991.2 In Article 2 of this statute the concept "repressed peoples" is defined in the following way: "Peoples (nations, populations, ethnic groups or other historically formed ethnic-cultural communities) against which, on the basis of their national or other identity, a policy of slander and genocide has been applied on a state level, accompanied by forceful resettlement, dissolution of state structures, revision of national-territorial borders and imposing a regime of terror and violence in the places of deportation." The German ethnic minority clearly falls under the scope of this definition. The law declares territorial, political, social and cultural rehabilitation for the peoples, having been subject to repression.
On a bilateral level, a joint declaration by Chancellor Helmut Kohl and President Boris Yeltsin of 21 January 1992, as well as a protocol on co-operation for the gradual restitution to the Russian Germans of their traditional settlement territories of 10 July 1992, form the basis for intensive co-operation between the governments of Germany and the Russian Federation.
In the joint declaration it is emphasised that the citizens of both countries, be they of Russian or of German origin, shall be granted a right to develop their language, culture, national traditions and freedom of religion. Moreover, preserving the cultural identity and the human rights of these citizens is seen to be an important factor for the positive development of the bilateral relations between Germany and Russia. Together with the restitution of the Volga Republic, the declaration proposes that opportunities for creating regions of the German ethnic minority in other parts of Russia be explored.
The protocol lists a number of concrete steps that have to be undertaken by both sides aiming at the smooth re-establishment of the Volga Republic and at promoting the national and cultural identity of the Russian Germans. A joint commission has been created to supervise the implementation of the protocol.
However, the positive assessment of the developments in Russia could have been even more convincing if the report had provided additional details concerning the practical implementation of the respective legal instruments. Most of the provisions of both the Rehabilitation Act and the protocol have the character more of a programme than of a legal act. The implementation mechanisms are to be drafted in future acts and by other administrative bodies, which leaves, no doubt, room for uncertainty.
Nevertheless, the above-mentioned instruments provide strong evidence of the political will of the Russian Government to find a solution to the minority problems inherited from a totalitarian past, having due respect for human rights and in harmony with established principles of international law.
3. Other republics of the former Soviet Union
More disquieting is the situation of ethnic Germans in other republics of the former Soviet Union, like Kazakhstan and Kirghizistan. Considering the substantial number of ethnic Germans living there, the restrictive attitudes of governmental institutions in these states give rise to serious concerns.
Therefore, the draft resolution rightly refers to the principles enshrined in the
European Charter on Regional and Minority Languages and calls upon the governments of these states to follow the Russian example.
Conclusion
All points in the draft resolution may be supported. The German ethnic minority in the former Soviet Union is once again going through hard times. Notwithstanding the right to return to their country of origin, the members of this minority should be given a fair chance to remain in their traditional places of settlement, if they wish to do so. The governments of the countries concerned should join their efforts to provide appropriate living conditions and to guarantee due respect for human rights.
The serious problems which ethnic Germans face in many of the republics of the former Soviet Union once again prove the importance of this Assembly's work in the field of national minorities and the urgent need to reach an international agreement on the rights of national minorities and to adopt effective mechanisms for their implementation. It is noteworthy in this respect, that the report underlines the importance of the European Charter for Regional and Minority Languages and of the decisions of the Vienna Summit on drawing up a framework convention on national minorities.
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Reporting committee: Committee on Migration, Refugees and Demography (Doc. 7172).
Committee for opinion: Committee on Legal Affairs and Human Rights.
Reference to committee: Doc. 6644 and Reference No. 1798 of 30 September 1992.
Opinion approved by the committee on 25 October 1994.
Secretaries to the committee: Mr Plate, Ms Bakardjieva and Mrs Kleinsorge.
2 1The legal texts are to be found in "Zur Rechtslage der Russlanddeutschen", Recht in Ost und West (ROW), 1992, Heft 12, 380-384 and ROW, 1993, Heft 1, 28-29.