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Roma in Archangelsk: A Playing Chip in the Election Campaign One of the most important aspects of the Center’s work in the last quarter of 2004 was stepping in to resolve a case involving Kotljary Roma in Archangelsk. We found out about the situation while conducting fieldwork in Archangelskaja Oblast in October 2004. When we arrived in Archangelsk, we discovered that the entire city was engaged in a hot debate on whether a “Romani settlement” should be allowed to remain in the city or not. Not long before, a large group of Kelderash (Kotljary) Roma had come to the city, rented a piece of land on the city’s outskirts, and begun settling there. It is the Kotljary’s custom to move house from time to time. They had lived in Volgograd for the previous 20 years and in Archangelsk in the 1970s. The leader of the community, Khulupij Bakalaevich Gomon, got married in Archangelsk and had his children there. It seems that it was for this reason that he decided to return to the region with his people. For a year and a half he busied himself collecting a great sheaf of documents that would allow the tabor to settle on the outskirts of the city (actually outside the city limits), in Novyj Poselok. The Kotljary were permitted 1.5 hectares of land on the condition that they would not begin building until their plans were approved. The first sixteen families, having sold all of their possessions in Volgograd, moved to Archangelsk. Naturally, they immediately began building temporary accommodations — tall buildings made from thin boards — referred to by the Kotljary as temporary homes. Kotljary women do the building work; the men “work with metal” (a traditional Kelderash occupation). And all might have continued without problems but for an election campaign that had begun in Archangelsk. Opponents of the incumbent mayor decided to play the following card: the mayor, they said, had taken a bribe to allow the Roma to settle, and what resident of the city “would want Roma for neighbors”? In autumn of this year, the Romani community found themselves caught in the middle of the pre-election battle. We witnessed the hostility of the current administration and its opponents — Aleksandr Donskoj and Aleksandr Kharin. Some politicians took advantage of the Roma’s vulnerable position, increasing their own ratings by playing on the public’s base emotions and fears. Biased articles, containing unfounded accusations that the Roma had criminal tendencies, were published in Archangelsk newspapers. Anna Edemskaja, for example, (in Pravda Severa, 20.10.04), forgetting the ethics of journalism, repeated age-old prejudices: “They are a notorious people. The first associations that come to mind are begging, thievery (not just money and things — children, too), and drug-dealing.” As this article demonstrates, the fanning of national hatred and racism (assisted by such publications) became just another line of argument in the pre-election battle. Even I was surprised to learn that that the entire debate was nothing but part of a larger political game being played by campaigning politicians. And it wasn’t just for readers of Archangelsk newspapers — even the mayor’s staff willingly admitted it. One official from the current administration told me: “You are correct in understanding that this is a political issue. Things are very difficult for the mayor at the moment: no matter what decision he makes, it will be used against us. If the mayor lets the Roma stay in Archangelsk, he will be accused of corruption; if he forces them to leave, he’ll be accused of racism.” Archangelsk Mayor O. V. Nilov’s opponents have indeed accused him of corruption — apparently they could not imagine any other explanation for his lack of open hostility and intolerance toward the Romani newcomers. In the words of Aleksandr Kharina, head of the anti-corruption taskforce in Archangelsk, “Mayor Nilov has some strange love for Roma. The truth of the matter is that the Mayor is not taking responsibility for the city or considering its future. We would very much like to receive an official answer as to what brought Nilov to give city land to Roma” (Pravda Severa, 22.09.04). Aleksandr Donskoj (leader of the “We Have to Live Here!” movement) has made public comments about Roma that are even more openly nationalistic and biased: “Roma have traditionally been beggars, swindlers, and thieves. They are incapable of doing anything else. And now drug-dealing has become another of their traditional occupations” (ibid). Concrete conclusions and plans of action are made on the basis of these absurd and extremely unethical assessments: “Obviously they were given permission to build an entire Romani settlement in the city only “thanks to” corruption in Archangelsk’s city administration. Now we must take any opportunity to annul this barbaric permission” (ibid.). Kharina and Donskoj’s words make it clear that the politicians are prepared to use any pretext to evict members of the ethnic group that they so hate from Archangelsk. However, politicians and journalists, speaking “in the name of all citizens,” forget that their opinion is not shared by all. Thankfully, some individuals who have tried to address this difficult problem objectively have had the opportunity to be heard in the local press and on television. They understand that the opposition’s arguments are based on false assumptions. Svetlana Korelskaja, for example, writes: “Candidates for deputy who choose to make use of the vulnerable position of Roma families (and children, in particular) in their political game should bear in mind the principle that all are innocent until proven guilty: ‘Anyone accused of a crime is considered innocent until his guilt is proven in open court proceedings that observe all his legal rights to due process’” (from “Roma’s Fate Troubles Human Rights Activists” / Biznes-Klass, 25.10.04). In an interview with Aleksandr Kuleshov, Sergei Jurkovskij, the deputy head of the Archangelsk regional division of the Federal Drug Control Agency, also commented on the violation of the Roma’s right to be presumed innocent and on the unfounded accusations that the Romani community was involved in drug dealing. In Jurkovskij’s view, “The authorities’ pressurizing of the situation is impermissible; any administration which would allow such an injustice is a bad one . . . The whole situation, which was disseminated by the mass media in September, has me quite riled up. We work with Baron Khulupij; we are familiar with the circumstances under which the mayor granted the land to the Roma. [. . .] We must help the Roma send their children to school, help the men find steady work. But these aren’t ‘ethnic’ problems — they are the authorities’ problems. The government should be strong. If it does not concern itself with the people’s problems, we will experience either a social crisis or an increase in crime” (Pravda Severo-Zapad, 3.11.04). Moreover, some journalists, apparently having forgotten about journalistic ethics and the presumption of innocence, permit themselves to make ridiculous accusations and pronouncements: “. . . We know for certain that Roma and drugs are like the Party and Lenin. Twin brothers, that is.” (Ekaterina Dvortsova, in “Will it be the Straight and Narrow for You, ‘Budulai’?” / Gorozhanin, 12.10.04). However, none of the journalists bolting off articles about the Roma from Volgograd bothered to gather accurate information about them. Baseless accusations of drug dealing are classed as libel. The Romani community that recently came to Archangelsk belongs to the Kelderash Roma group (called Kotljary in Russian). Their name relates to their traditional lifestyle and occupation, pot mending, the trade by which the Kelderash earned their living for centuries. Many people from the older generation still remember how the Roma went from estate to estate (wearing high boots, caps, and curly hair to their shoulders), calling out, “Who needs tin plating or soldering?..”. People brought damaged pots, samovars, and cauldrons out to them, and the Kotljary repaired them masterfully. And thus they lived. These days no one bothers to have old dishes repaired, but tin-plating and soldering craftsmen are still able to find work. Many know how to weld pipes; others repair the moving parts in stoves; Kh. B. Gomon from Volgograd would like to make rubbish skips for everyone in Archangelsk. The Kelderash group is the largest Romani group in Europe and perhaps the most traditional. When Roma began the process of integrating with the cultural and even political lives of the majority and the Worldwide Romani Council was created, a Romani anthem (the song “Dzhelem, dzhelem”) and flag (blue and green vertical bands with a wheel in the center) were chosen. The Kelderash dialect was selected as the international Romani language. Kelderash value their traditions and culture highly. Therefore they wear traditional clothing, practice their traditional trade, build houses in their own way, and have their own standards of behavior. They have their own system of ethics with harsh punishments for those who violate the rules. They marry early but do not allow any relations before marriage. Violators of this rule are excluded from the community. The prohibition against sin and crime — drug dealing especially — is even greater. Theft, especially from “their own people” (and this includes neighbors and everyone that they have contact with at work, in school, and in town) is also considered unforgivable. The group has also preserved traditional building practices: homes, even quickly built temporary homes, are always tall and spacious. I had the opportunity to observe the construction of a temporary home in Archangelsk. It was built without a foundation; its walls and roof were made of a single layer of thin boards. Romani women, not professional builders, constructed the hut-like buildings. Nonetheless, the construction of any sort of buildings on the rented land prior to the approval of the building plans was illegal. According to law, the renters should have first submitted their building plans, awaited their approval, and only then begun building. But the Kotljary were not informed of their mistake right away. What’s more, one of the illegal homes was given a postal address and several families were officially registered there. Naturally, families who subsequently arrived felt at home in Archangelsk and had no reason to think they would be evicted or ordered to demolish their homes. But a storm was brewing. Apparently choosing between the fear of being accused of corruption and the shame of being accused of racism, the mayor opted for the latter. The city administration decided to support those who called for the Roma’s immediate eviction from the city. On the pretext that the Roma had violated planning regulations, they decided to demand not only that their homes be demolished, but also that their rent agreement be canceled. During our work in Archangelsk, Kh. B. Gomon visited the offices of city administrators. He explained that the homes were only temporary and that building plans were being prepared — however, until the plans were approved, the women and children had to have shelter from the harsh northern climate. I visited the administrators with Gomon, warning them that the law prohibited them from evicting families with children in cold weather and that demolishing the Kotljary’s temporary homes would create an international scandal. Although the Roma began building temporary homes without formal permission, it is difficult not to agree with the opinion that journalist Dmitrij Demintsev voiced on a 1 November 2004 television report: “Clearly, it would be impossible for people to live in the summer huts that stood here until recently in the upcoming winter. Thus, in a humanitarian sense, the construction of temporary homes is not really a crime” (Vesti pljus, AGTRK Pomore). Despite warnings and appeals made by human rights activists and progressive Archangelsk journalists, the mayor filed a lawsuit against Gomon’s community. A court case and scandal ensued. After finding that the court hearings had been scheduled for November 15, the Northwest Center for the Social and Legal Protection of Roma appealed to Russian and international human rights organizations to investigate the human rights violations against the Archangelsk Kotljary. Russian and international human rights organizations expressed their concern about the situation facing the Romani tabor from Volgograd. After all, according to human rights norms recognized by Russia, people, especially small children, should not be deprived of temporary housing during the cold, dark northern winter. A series of letters was sent to Judge N. A. Kursova, Archangelsk Mayor O. V. Nilov, and Russian Human Rights Ombudsman V. P. Lukin. The officials were called on to protect the rights of the Romani community and reminded of Russian and international human rights norms related to housing. The International Human Rights Federation, a collective of 141 non-government organizations throughout the world, wrote a letter in which they noted that “the permissions that Kh. B. Gomon received (from Deputy Mayor A. A. Kalinin and from A. K. Stukov, the head of the Varavino-Faktorija district administration) made the Romani community certain that their presence in Archangelsk was a closed matter. Moreover, the local authorities had indeed accepted the situation: they had not only given permission for the planning to begin, they had even granted it a postal address (37 Tarasova Street). The International Human Rights Association has reason to believe that the sudden reversal of the mayor’s decision could be the result of discriminatory and political considerations.” The International Human Rights Federation also made note of the “mayor’s responsibility for the contradictory and inconsistent policy regarding the construction of the houses”. In addition to reminding the court and the mayor about the International Pact on Economic, Social, and Cultural Rights, which was signed by Russia and which prohibits eviction except in highly exceptional situations, the letter warned that the discriminatory actions of the authorities could lead to “an increase in nationalistic prejudices and tension or at the least to a difficult situation.” The Federation called on the authorities “to do everything possible in order to avoid discrimination against Russian citizens of Romani origin”. The European Roma Rights Center (Budapest) and the Russian human rights organization The Moscow Helsinki Group spoke out no less decisively on the matter. In their joint letter they called on the court to “throw out the case regarding the demolition of wooden structures that have already been built and to prevent Romani families from being subjected to the cold winter and other detriment in their homeless condition”. They also reminded city officials that their actions were in violation of a number of Russian and international norms. In particular: a) the International Pact on Economic, Social, and Cultural Rights, of which the Russian Federation is a member country. Article 11 (1) of the Pact states, “Countries that sign the Pact recognize that everyone is entitled to a standard of living that is sufficient for him/herself and his/her family, including sufficient food, clothing, and shelter, and the steady improvement of living conditions. Member countries shall take appropriate measures to guarantee the realization of this right”; b) general commentary No. 4 (§18) of the UN Committee on Economic, Social, and Cultural Rights, which, in addition to the right to sufficient shelter laid out in Article 11 (1) of the Pact, adds that “[The Committee] believes that forced evictions are incompatible with the requirements of the Pact and are justifiable only in the most exceptional cases and only in accordance with the principles of international law”; c) general commentary No. 7 (§16) of the UN Committee on Economic, Social, and Cultural Rights, which states the following about eviction: “Eviction must not leave people homeless or vulnerable to the violation of other rights. Member countries must take all necessary measures to provide alternative housing and to provide for the relocation or access to fertile land of those who are unable to secure it for themselves”; d) the Russian constitution, Article 40 (20), states, “National and local government bodies encourage the construction of housing and create the conditions for realizing the right to housing”. The court hearings that began in November 2004 at the initiative of the city administration canceled the rental agreement granted previously by the city and filed a suit against Kh. B. Gomon demanding the immediate demolition of the illegal buildings. The hearings continued for months. Archangelsk Lawyer M. A. Golenishcheva and Center Lawyer M. N. Nosova defended Mr. Gomon. They filed a counter-suit against town hall, “On the invalidity of Archangelsk Deputy Mayor A. A. Kalinin’s order to cancel his prior agreement,” in other words, the illegality of canceling the land rental agreement. The court, presided over by O. V. Kuznetsova, ruled in favor of the first suit and the cancellation of the agreement. The following hearing, rife with legal violations (in particular, the absence of the defendants and their lawyers), ruled that town hall’s order to demolish the temporary structures had been legal. The decision was appealed by Gomon and his lawyers. Another hearing is to take place on February 7. And in March Archangelsk will elect a new mayor… It is our hope that the court will act impartiality and not be influenced by politics, and that residents of Archangelsk will not allow themselves to be manipulated by politicians who use prejudice and fear to fan hysteria and so gain a political advantage in the upcoming election. In the north there are, after all, still many enlightened people — those whose ancestors fled to harsh regions to escape persecution and imprisonment. There are not many people in northern Russia, but there is a great deal of open space, enough for everyone who needs land to settle on, work to feed their children, and freedom to be themselves without fear of persecution. Bulletin #8 The permamnent link to the article: http://www.memorial.spb.ru/index.php?module=51&lan=1&article_id=165 |
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