RFE/RL Caucasus Report
Vol. 6, No. 7, 14 February 2003
* RUSSIAN LIBERALS QUESTION WISDOM OF HOLDING CHECHEN REFERENDUM...
* ...WHILE TWO HUMAN RIGHTS ADVISERS APPROVE
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RUSSIAN LIBERALS QUESTION WISDOM OF HOLDING CHECHEN REFERENDUM...
Over the past two weeks, the Union of Rightist Forces (SPS) and Yabloko leader
Grigorii Yavlinskii have both come out against the planned 23 March referendum
on a new draft Chechen constitution and election legislation. In a 4 February
statement summarized by Interfax, the SPS expressed concern that holding the referendum
without adequate preparations might prove a costly political mistake. The statement
argued that a referendum will not of itself solve the Chechen conflict, especially
if held while a "large-scale antiterrorist operation" is continuing. As an alternative,
the SPS proposed its own plan for a settlement of the Chechen conflict, which
in many respects resembles that put forward by SPS leader Boris Nemtsov two years
ago (see"RFE/RL Caucasus Report," 29 December 2000). The new plan envisages cutting
off all sources of financing for extremist groups in Chechnya, appointing a Russian
"governor-general" to administer the republic, and gradually reducing the number
of Russian troops inChechnya, who would be replaced by a smaller contingent of
police. In addition, the governor-general would initiate a roundtable discussion
with Chechen public and political leaders and with those field commanders who
are known not to have targeted civilians, with the aim of reaching consensus on
how to end the conflict peacefully. That consensus would in turn pave the way
for parliamentary elections and the appointment of a "government of national trust."
In an article published in "Novaya gazeta" on 10 February, Yavlinskii similarly
argued that the planned Chechen referendum should be postponed. Yavlinskii pointed
out that half of Chechnya's population still regards Aslan Maskhadov as the legitimate
president, and most people are not familiar with the content of the new draft
basic law. Yavlinskii also expressed concern that European bodies are being excluded
from the search for a settlement of the Chechen conflict, as the mandate of the
OSCE mission in Chechnya will not be renewed, and PACE (Parliamentary Assembly
of the Council of Europe) rapporteur for Chechnya Lord Frank Judd's threat to
resign should the referendum go ahead as scheduled was used as the rationale for
disbanding the PACE-Duma working group on Chechnya. Yavlinskii argued that holding
the referendum could exacerbate the situation in Chechnya and could trigger new
terrorist attacks elsewhere in Russia. He called for ending reprisals by the Russian
military in Chechnya, Russian-mediated talks between all warring factions in Chechnya,
and for a Chechen peace conference to be chaired by the Russian president. He
argued that only "war criminals" should be excluded from that search for a settlement.
(Liz Fuller)
...WHILE TWO HUMAN RIGHTS ADVISERS APPROVE.
Meanwhile, two Russian officials have assessed the merits and shortcomings of
the proposed draft constitution and concluded that going ahead with the referendum
as planned will contribute to stabilizing the situation in Chechnya. Ella Pamfilova,
who heads the presidential human rightscommission, argued in an interview
published in "Nezavisimaya gazeta" on 13 February that "we have to start
somewhere. We have to take advantage of any opportunity to launch the peace
process."Human Rights ombudsman Oleg Mironov for his part argued in a 4
February interview with RFE/RL's Russian Service that holding the referendum
"is a political approach to a peaceful solution of the situation in Chechnya.
A constitution is needed, and a parliament that is elected in accordance
with the constitution and the law in order to pass legislation [is needed],
and a government and president to ensure normal life [are needed]." Both
Pamfilova and Mironov listed what they considered internal contradictions and
shortcomings in the draft basic law, in particular its ambiguous definition of
Chechnya's status within the Russian Federation. Article 1 defines Chechnya as
"a democratic social state based on the rule of law, with a republican form of
government" and goes on to refer to "the sovereignty of the Chechen Republic."
Mironov, who is a trained constitutional lawyer, pointed out that the use of the
term "sovereign" is ambiguous insofar as it does not stipulate whether popular,
national, or state sovereignty is meant. He also rejected the use of the term
"a citizen of the Chechen Republic," given that anyone who fits that description
is simultaneously a citizen of the Russian Federation. Finally, Mironov objected
that in his view, the draft constitution gives too broad powers to the president
at the expense of the legislature. Pamfilova in turn noted that "some provisions
[of the constitution] could encourage separatism, while others enable the federal
authorities to exert pressure." She added that some Chechens have reservations
about Article 72 (d), which empowers the Russian president to dismiss the Chechen
president. Both Mironov and Pamfilova express concern about the plight of Chechen
displaced persons still living in camps in neighboringIngushetia. Pamfilova said
that many of those displaced persons are reluctant to return to Chechnya
to cast their ballot in the referendum, fearing for their own safety or that of
their children. At the same time, Chechen displaced persons have only the vaguest
idea of the provisions of the constitution: Pamfilova said that in one Ingush
camp housing 5,000 displaced persons there was only one copy of the constitution
for reference, and other camps housing a total of 17,000 people did not even have
a single copy. Of those Chechens who were familiar with the draft constitution,
some expressed concern that it appeared tailor-made to ensure the subsequent election
of Chechen administration head Akhmed-hadji Kadyrov as president. But on balance,
Pamfilova concluded that the referendum should go ahead and that the constitution
should be adopted, and if need be it could be amended at a later date. But at
the same time, she stressed that "it is important that the adoption of the constitution
should not of itself enable any group or clan in Chechnya to obtain a monopoly
on power, either at the presidential or the parliamentary elections."
(Liz Fuller)
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Copyright (c) 2003. RFE/RL, Inc. All rights reserved.
Pamfilova and Mironov are "human rights" advisers that work for the Putin administration
and follow its line.