Doc. 9555

20 September 2002

Akhiska Turks living in the Russian Federation
Written Question No. 410 by Mr Gϋrkan

Reply from the Committee of Ministers

adopted at the 808^th meeting of the Ministers’ Deputies (18 September 2002)

I.       Written Question No. 410 (Doc. 9433)

      Mr Gürkan,

      Thanking the rapporteurs Mr Atkinson and Mr Bindig for their report entitled “Honouring of Obligations and Commitments by the Russian Federation” which has correctly laid down the difficulties faced by the Akhiska Turks living in the Russian Federation;

      Recalling that a comprehensive and lasting solution to the problems of the Akhiska Turks, who were subjected to deportation in 1944 and 1989, has not yet been reached;

      Knowing that Akhiska Turks in the Krasnodar Region of the Russian Federation are victims of discrimination, intolerance and abusive treatment by the local authorities and by racist elements, including deprivation of basic civil rights such as citizenship and residence;

      Further recalling the commitments by Georgia regarding the steps to be taken for repatriation and reintegration of the Akhiska Turks within a certain time-frame as stipulated in Opinion No. 209 (1999) and adopted by the Assembly with respect to Georgia’s membership of the Council of Europe, the honouring of which is vital for reaching a final solution to the problems of Akhiska Turks on a regional scale;

      Alarmed by the deteriorating situation of the Akhiska Turks living in the Krasnodar Region of the Russian Federation following the adoption of a law on 26 March 2002 by the Krasnodar Regional Assembly, providing for the deportation of Akhiska Turks from the region and the statements of regional authorities confirming their determination regarding the displacement of the Akhiska Turks;

      To ask the Committee of Ministers:

      - what further measures and actions could be taken by the Committee of Ministers in order to invite the Russian Federation authorities to urgently address the issue and to convince both the federal and regional authorities to refrain from implementation of the afore-mentioned law;

      - whether it intends to send a group of Council of Europe experts to the region with a view to gathering first-hand information and meeting with local authorities and representatives of Akhiska Turks which would constitute a useful contribution to the future work of the Assembly on this issue.

Signed :

Gϋrkan, Turkey, Socialist Group

II.       Reply from the Committee of Ministers

1.       In reply to the Written Question no. 410 by Mr Gürkan, the Committee of Ministers recalls that on 23 May 2002, at the invitation of the Council of Europe Secretariat, an inter-agency meeting on issues relating to the situation of the Meskhetian population was held in Strasbourg, with the participation of representatives of the UN High Commissioner for Refugees, the OSCE High Commissioner for National Minorities, the International Organisation for Migration and various departments of the Council of Europe Secretariat.

2.       The International Organisations reiterated the common basic principle upon which they centre their approach to an eventual return to Georgia of persons belonging to the group of formerly deported Meskhetian population: any decision to return must be a matter of individual free choice based on clear options and must take place in conditions of safety and dignity, in full respect of the human rights of the potential returnees and the host population.

3       The Committee of Ministers notes that the situation of Meskhetians has two main aspects, which must be dealt with in a parallel and complementary way:

Firstly, ensuring the respect for the Human Rights and enhancing of the legal status of Meskhetians in the countries of their current residence with a view to enabling them to obtain lasting solutions, including access to permanent residency and citizenship.

4.       The Committee emphasizes that concerns about massive arrival of migrants from different origins should not serve as a pretext for discrimination on the grounds of national origin, unlawful and xenophobic harassment of Meskhetians or attempts to squeeze the Meskhetian population. Such acts should not be tolerated by the central or local authorities.

5.       In this context the Committee of Ministers encourages the relevant Russian bodies of the state power to address the tension in the Krasnodar Krai over the issue by transfer of the good practices in relation to Meskhetians existing elsewhere in the Russian Federation, which are fully in line with Council of Europe standards.

6.       The Committee of Ministers welcomes the appointment in June 2002 of a special representative of the Federal Migration Service, entrusted with the monitoring of the situation in the Krasnodar region, especially in relation to the status and treatment of the former deported population from Meskhi. It hopes that the special representative’s activity as well as the work of the “Russian Federation Inter-Ministerial Commission on the Solution of the Problem related to Meskhetians living on Russian Federation territory” will be decisive for speedy and effective practical measures aimed at granting them a legal status, taking into consideration the need for lasting solutions. Furthermore, it expects that the work of the Commission and of the Special Representative will result in ensuring the respect of the human rights of the Meskhetians as well as of all people of other ethnic/cultural origins residing in the region.

7.       The second main aspect of addressing the Meskhetian issue concerns the fulfilment by Georgia of obligations undertaken at the time of accession to the Council of Europe in relation to the deported population from Meskhi including the development in Georgia of a legal framework and of an appropriate environment that would provide a viable option of return.

8.       The Council of Europe is actively involved in providing legal expertise to the Georgian legislators in drafting the law on repatriation. The Committee of Ministers notes that much awareness raising work as well as “work on the past” remains to be done in Georgia, regarding the problem of the formerly deported population. With this in mind, the Committee of Ministers is encouraging Georgia to promote dialogue between Meskhetian community organisations and Georgian authorities, in particular local authorities.