Doc. 9689

28 January 2003

Evaluation of the prospects for a political solution of the conflict in the Chechen Republic

Opinion

Committee on Migration, Refugees and Demography

Rapporteur: Mr Tadeusz Iwiński, Poland, Socialist Group

I.       Conclusions of the Committee

1.       Nearly all the recommendations to the Russian and Chechen authorities contained in the previous opinion of the Committee on the conflict in the Chechen Republic (Doc. 9330) remain valid. Regrettably, there has been no significant improvement in security and humanitarian situation which would allow for mass returns of internally displaced persons from Chechnya. Therefore, the following recommendations have to be maintained:

i.       refrain from any kind of pressure on IDPs to force them to return to Chechnya;

ii.       create conditions for voluntary mass returns in security and dignity, and in particular increase accountability of the federal armed forces, step up investigations into the cases of human rights violations and increase civilian control over military actions.

iii.       maintain the remaining tent camps and relief aid in Ingushetia as long as the conditions for mass returns are not met;

iv.       always provide an alternative accommodation outside Chechnya in case if a tent camp is closed until the conditions for mass returns are not accomplished;

v.       remove still existing bureaucratic obstacles and simplify regulations concerning access and actions of the humanitarian agencies in the Chechen Republic.

2.       The following recommendations to the international community should also be reiterated:

i.       increase the international presence in Chechnya

ii.       step up assistance to IDPs in the Chechen Republic and Ingushetia

iii.       step up financial aid

iv.       promote the development of the civil society in Chechnya and cooperation with local NGOs.

II.       Amendments on behalf of the Committee

Amendment 1

In the draft resolution, insert a new sub-paragraph 6.c which would read as follows:

"examine the possible ways for practical arrangements which would enable the Chechen internally displaced persons (IDPs) from neighbouring republics, in particular from Ingushetia, to exercise their right,"

Amendment 2

In the draft resolution, add in the end of paragraph 8, the following sentence:

"At the same time, the Assembly calls upon the Russian authorities to simplify the regulations governing their access and remove any bureaucratic obstacles which may jeopardise their action."

III.       Explanatory memorandum by Mr Iwiński

1.       The present opinion is based on the information gathered on a number of sources including updated information received from relevant governmental agencies and non-governmental organizations as well as international governmental and non-governmental organizations and associations. Moreover, the Rapporteur used the findings of the visit to Chechnya and Ingushetia which he carried out together with the Rapporteurs of the Political Affairs Committee, Lord Judd, and the Committee on Legal Affairs and Human Rights, Mr Bindig (See Programme for the visit, appendix).

2.       Three years after the outbreak of the second armed conflict in Chechnya, the humanitarian situation continues to be difficult in the North Caucasus. As on 31 December 2002, there were 102 833 internally displaced persons from Chechnya in Ingushetia. Out of this figure, 19 374 lived in tented camps, 27 889 in spontaneous settlements and 55 570 with host families1. During the visit, the President of Ingushetia, Mr Murat Zyazikov, who accompanied the delegation, advanced different figures: according to his information there are at present 64 300 Chechen refugees in Ingushetia (they were as many as 148 600 in May 2002 but the majority has returned to Chechnya). Out of this figure 26 000 stay with host families, 21 000 in rented flats, and 17 000 in tented camps. The total population of Ingushetia amounts to 480 000, and the Chechen refugees are not the only displaced people staying in the republic: for example there are 20 000 refugees from Ossetia. These figures illustrate the burden put on the local economy.

3.       Regrettably, the humanitarian situation of the Chechen displaced persons in Ingushetia has not improved since the last report of the Committee was presented to the Assembly in January 20022. The living conditions in the camps remain very difficult, in particular during the winter months. Although food is distributed regularly, but its quality leaves much to be desired, which is particularly dramatic in the case of children who get neither milk nor vegetables. Similarly, there is sometimes lack of medicines, in particular antibiotics. To the credit of the Ingush authorities it has to be stressed that all refugee children attend schools, either schools set up by the camps, or local schools.

4.       The situation in the spontaneous settlements is even more dramatic. Inadequate sanitation, lack of electricity and gas which means no proper heating, and disastrous living conditions prevail in ad hoc settlements often made of clay and sticks and sheltering most vulnerable categories of IDPs.

5.       According to the NGOs active in the field, which is also admitted by the authorities, the management of the relief aid, including the distribution of the humanitarian assistance, is not fully satisfactory, and leaves room for improvement.

6.       Having said that, the Rapporteur believes that the humanitarian situation in Ingushetia, although very difficult, remains under control, and as long as the conditions for mass returns in security are not fully accomplished, any pressure on IDPs in order to make them go back to Chechnya should be excluded.

7.       According to Mr Stanislav Ilyasov, RF Minister for Co-ordination of the Social and Economic Development of Chechnya, during the past two years and a half, more than 300 000 inhabitants have returned to Chechnya (80 000 between May and November 2002 only, according to the Acting Head of the Federal Migration Service of the Ministry of Interior, Mr Igor Yunash).

8.       The Russian population is rather reluctant to come back to Chechnya. They are 10 000 living in the republic now. The previous census carried out in 1989 showed 400 000 Russians among 1,3 million population of Chechnya. According to the census carried out in 2002, the Republic’s population amounts to 1 088 000 people. The population growth is apparently also partly explained by a high birth rate. An average number of children in one family is five.

9.       The exact number of population constitutes a crucial issue in the Republic in view of the forthcoming referendum. According to the authorities, a number of people entitled to vote (excluding a high number of children) amounts to 528 000. Furthermore, it is important to allow those staying temporarily outside the republic (for example Chechen refugees Ingushetia) to vote. The delegation was informed by Mr Genadiy Seleznov, Speaker of the Duma, that the Parliament wishes to propose to the Government to assure special financing which would allow for the transfer for the Chechen citizens from outside Chechnya to come to the republic to exercise their voting rights.

10.       According to the public statement by Amnat Batyzheva in mid-December 2002, deputy Prime Minister of Chechnya, in the end of 2002, as many as 459 schools with 198 886 pupils were operational in Chechnya3. Out of this figure, 55 schools are located in Grozny. Four special boarding schools for orphans operate in the Republic. 349 children are placed in them. There are also 37 kindergartens for 3 100 children. Lack of solid fuel, school furniture and textbooks are the main difficulties.

11.       According to Batysheva, 120 000 new jobs have been created and hospitals, schools, transport and agriculture had been put in order. Slave trade and bandit incursions to neighbouring regions have stopped. The general economic situation has been continuously progressing.

12.       The distribution of emergency relief aid including food and other materials reaches over 500 000 on the territory of the Chechen Republic.

13.       The distribution of emergency shelter materials to private households in the framework of the emergency shelter programme implemented in Chechnya by People in Need Foundation (PINF) and UNHCR since mid 2000 and aimed at providing basic roofing materials to beneficiaries in private sector, on one-dry-room basis has been continued throughout 2002.

14.       According to the Chechen government, six temporary settlement centres capable of accommodating about 6000 refugees returning from Ingushetia have been recently opened. The delegation visited one of them in Staropromyslovska area in Grozny. Each family has got for its disposal one room. Furthermore, there are 15 collective centres in Chechnya accommodating IDPs.

15.       According to the Mayor of Grozny, Mr Oleg Zhidkov, who accompanied the delegation, the population of Grozny amounts to 207 000 people. The main task faced today is the reconstruction of housing. The authorities estimate that it will take approximately 5 –6 years and will cost 20 billion roubles (which means 100 million USD per year). The second major challenge is the creation of new jobs. By the end of 2003, the authorities intend to create over 100 000 new posts.

16.       The economic activities have been developing. The republic produces 5000 tons of oil daily. The production of cereals is sufficient for the needs of the population, the number of cattle amounts to 220 000. Local transport id functioning, there is also a train to Moscow once a week. The banks are operating. Two newspapers are published at the level of the republic and 14 at the level of the region (there are 20 regions). There are 9 hospitals in Grozny; the delegation visited one of them. There are also 3 universities.

17.       Despite all these efforts and achievement, the living conditions in the Republic, and in particular in Grozny, are dramatic. The centre of the city is almost totally destroyed. The lack of shelter, sanitation, heating, scarcity of relief aid mark every day life of those who have returned. The local authorities regret that nearly all international assistance is directed to Ingushetia whereas the needs of the displaced population in Chechnya itself are also very big. However, your Rapporteur after having spoken to the refugees in Ingushetia is convinced that the main obstacle to the mass returns are not bad economic conditions, but the precarious security situation.

18.       There is a serious discrepancy in opinions concerning the security situation in Chechnya between the Russian and Chechen authorities on one hand, and the representatives of the international community present in the region on the other.

19.       The latter claim that the overall security situation in Chechnya has not changed much, and in particular it has not improved to the degree which would allow for mass returns of the displaced population. It is marked by ambush attacks, explosions, local fighting and mopping up operations carried out by the federal troops. Mine explosions, murders, disappearances and abductions continue. The bomb attack on the administration building in Grozny on 27 December 2002, in which over 70 people were killed and over 300 wounded, illustrates the everyday threats to the civilians’ lives in the Republic.

20.       The lack of accountability of the perpetrators of the human rights abuses, and unsatisfactory progress in the investigations add up to the climate of insecurity. In this respect, the recent decision by the European Court on Human Rights on the admissibility of six complaints against Russia concerning the human rights abuses in Chechnya in 1999-2000 may mark a certain progress.

21.       The European Commission and the international community have repeatedly asked the authorities not to close any camp in Ingushetia, until the security situation in Chechnya allows for safe return. Forcing refugees to go back to Chechnya would be against international humanitarian law.

22.       The CE supports unconditionally the principles on voluntary IDP return. The Rapporteur expresses his satisfaction at the fact that the President of Ingushetia, Mr Murat Zyazikov, when accompanying the delegation, on several occasions stated publicly, also in front of the those directly concerned, that the refugees can stay in Ingushetia as long as they wish to do so.

23.       In this context, the closure of the tent camp “Imam” in Ingushetia, near the village of Aki-Yurt which was housing around 1500 IDPs from Chechnya completed on 2 December 2002, alerted the international community. Some public statements by Russian officials have suggested that the process would continue and five other big camps in Ingushetia would be closed down in the near future as well. Although the threat of further camps being closed did not materialize, still, some movements of IDPs have been noted, predominantly from the big camps. Moreover, according to the reports by the Memoral, the NGOs are prevented from repairing the tents.

24.       Certain NGOs (for example Memoral) have accused the authorities of exercising psychological and economic pressure on people who felt they had no other choice than to return, although they did not wish to do so.

25.       On 10 December Frederic Lyons, UN Humanitarian Co-ordinator in the Russian Federation, stated in an interview with Reuters that IDPs in Aki-Yurt had been “basically coerced into returning”. Lyons added that “conditions were made more difficult and a level of psychological pressure was put on them”.

26.       The majority of IDPs from “Imam” have moved to Chechnya. They were encouraged to find and rent living space and afterwards register the contracts with the Federal Migration Service (FMS) that would subsequently reimburse their share of the rents. As many as 628 IDPs from Aki-Yurt had filled in DRC form to apply for food assistance in Chechnya instead of Ingushetia.

27.       Further 127 people moved into Aki Yurt village to host families, 371 moved into temporary settlements in Aki Yurt surroundings (generally in disastrous conditions), and around 60 IDPs moved to other places in Ingushetia.

28.       It is clear that the humanitarian situation both in Chechnya, and in the neighbouring republics, in particular in Ingushetia will remain precarious still for a long time. IDPs will continue to rely on outside support, and therefore it is essential that the international community support humanitarian operations and does not decrease its contributions.

29.       On the other hand, it is crucial that the Russian authorities in their policies do not use IDPs as an instrument in the political considerations, and attach prior importance to the security of potential returnees.

APPENDIX

19 January, Sunday       Arrival in Moscow

20 January, Monday

      Meeting with the Deputy Minister of the Interior and the Acting Head of the Federal Migration Service of the Ministry of the Interior

      Meeting with the Prosecutor General and the Military Prosecutor

       Meeting with the First Deputy Director of the Federal Security Service

      Meeting with the Federal Minister for Reconstruction of the Chechen Republic

      Meeting with the Special Representative of the President of the Russian Federation in Chechnya and members of Chechen Consultative Council

21 January, Tuesday

      Meeting with the Head of the European Commission Delegation in Moscow and European Ambassadors

      Meeting with the Speaker of the State Duma of the Russian Federation

      Meeting with Members of the Russian Delegation to the Parliamentary Assembly

      Meeting with members of the Chechen Youth Association

      Meeting with representatives of the NGOs Human Rights Watch, Memorial and Mothers of Chechnya for Peace

      Departure from Moscow to Mineralniye Vody

      Meeting with the Head of Administration and the Chairman of the Government of the Chechen Republic

22 January, Wednesday

      Departure to Grozny (Chechen Republic)

      Visit to School No. 4 and Hospital No. 1

23 January, Thursday

      Transfer from Grozny to Nazran (Ingushetia)

      Meeting with the President of Ingushetia

      Departure from Nazran to Moscow

      Press interviews

24 January, Friday

      Meeting with Professor Ruslan Khasbulatov

      Press conference at Interfax

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Reporting Committee: Political Affairs Committee (Doc. …).

Committee for opinion: Committee on Migration, Refugees and Demography.

Reference to Committee: standing mandate.

Opinion approved by the Committee on 28 January 2003.

Secretaries to the Committee: Mr Lervik, Mrs Nachilo and Mrs Sirtori-Milner.

1 Figures come from the registration carried out by the Danish Refugee Council.

2 See Doc 9330.

3 The delegation was told that in January 2003, the number of pupils was 217 000.