Paul
Goble
Staunton, January 3 – Because Russian
law does not recognize stateless persons as a specific category, those who do
not have a Russian Federation, including those who do have a Soviet passport
but came from another former Soviet republic, cannot register with the Russian authorities,
go to school, or get a pension.
As a result, they – and no one knows
how many of them there are, although in Krasnodar oblast alone there are more
than 1,000 -- live in a legal limbo, one in which they are not treated as
anything but foreigners in the Russian Federation today. Their situation,
rights activists say, could be resolved “only in the USSR but such a country is
no longer on the map.”
In an article for “Kavkazskaya
politika,” journalist Andrey Koshik says that there are no official statistics
about such people and that reflects a broader problem: they are invisible as
far as the state is concerned and thus “deprived of all social rights,”
including pensions, education, and medical services (kavpolit.com/articles/zastrjavshie_v_sssr-22457/).
In some cases, these people have
lost their Soviet passports one way or another but not acquired any other. In
others, they retain those documents but because they were issued in what are
now independent countries, Russian officials do not accept them, even though
Russian law specifies that they should. As a result, there are many human
tragedies.
Semyon Simonov, the president of the
Southern Human Rights center and earlier the head of the Migration and Law
organization in Sochi, says that these “people without citizenship” routinely
appeal to various Russian government offices for help but “their problems are
really resolved only in a few cases.”
The Federal Migration Service
refuses to accept the evidence of residence from other Russian agencies, and
that means that if an individual has no documents because he has lost his
Soviet passport or because it was issued somewhere else, to establish his legal
status is extremely complicated.
Under Russian law, Simonov points
out, “only the FMS can do this,” and there is a mechanism in the legal code
allowing it: “Until the end of 2016, there is a simplified procedure for
obtaining citizenship by people who have lived in Russia since 2002 if they
have not become citizens of other independent republics.”
“But the FMS doesn’t want to solve
their problems,” and so they continue to struggle. “If Russian laws actually
worked, the problems of these people would be solved.” But the laws don’t, and
their problems continue with the December 2016 deadline rapidly approaching,
the rights activist says.
“Dozens of people without
citizenship report that there are people around the offices of the migration service
who offer for money to resolve citizenship issues. Simonov reports that one of
those seeking citizenship was told he could have it if he paid 300,000 rubles
(4200 US dollars), an enormous sum for most.
Most of those without citizenship in
Krasnodar Kray, he continues, arrived there during or immediately after military
conflicts elsewhere in the Caucasus or more rarely from the former Kazakhstan
SSR or Ukraine. At present, 714 of them
are being held in penal institutions, including 42 who “have the passport of a
USSR citizen.”
The Sochi Olympiad made their
situation worse, he says. “The majority of persons without citizenship in the
winter of 2013-2014 before the Olympiad were detained and put in special
holding cells for illegal migrants where they spent from several months to a
year and a half.”
“Unfortunately” – and this is the
key fact, Simonov says – “Russian law does not recognize them as a separate
category: If one doesn’t have a Russian passport, that means you are a foreigner,”
with all the restrictions and none of the rights that implies.
Those who were detained by the
Russian authorities sought to make contact with the embassies of the countries on
whose territories they had been born, “but if an individual was never a citizen
of independent Georgia or Azerbaijan, the embassies refused to receive” their
documents and correspondence in many cases dragged on without any resolution.
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