Russia Has Over a Million Slaves

Russia Plans to Fight Slavery: The Country Has More than a Million Slaves
Ivan Ovsyannikov
PROVED.RF
June 26, 2018

The Russian government has tabled a law bill in the State Duma that would ratify the protocol to the convention of the International Labour Organisation (ILO) outlawing forced labor. Russian officials claim ratifying the protocol is a formality, because there is no slavery in Russia. However, the government itself employs forced labor. PROVED has written about how the Russian Federal Penitentiary Service (FSIN) sells the labor of inmates to commercial companies, although it is forbidden by the convention. The Walk Free Foundation (WFF), an international human rights advocacy group, estimates there are over one million slaves in Russia.

The Convention Concerning Forced or Compulsory Labour (No. 29) was adopted by the ILO in Geneva in 1930. The Soviet Union signed it only at the dawn of the Khrushchev Thaw in 1956. In 2014, the convention was supplemented with a protocol introducing  new restrictions on the use of forced labor. In particular, the original convention had stipulated people could be forced to work for public purposes. Such voluntary forced labor was widely practiced in the Soviet Union. Blue- and white-collar workers spent their weekends laboring at so-called subbotniks, while university students were sent to the fields of collective farms to harvest potatoes, carrots, and cabbages. The protocol to ILO Convention No. 29 deems this coerced labor a criminal offense.

Post-Soviet Russia has not ratified either the first or second versions of the convention. The Russian Labor Ministry has decided to correct the omission and tabled a law bill in the State Duma approving the statutes in the protocol to the convention.

The protocol requires signatories to take vigorous measures for eliminating slavery. They must pay compensation to victims of compulsory labor, educate law enforcement officers and employers about prohibited labor practices, and develop strategies for combating the slave trade.

The Labor Ministry’s draft bill says slavery has been banned in Russia as it is, and so it does not suggest any special measures for combating compulsory labor nor does it amend existing laws.

Seventh Place in Terms of Slavery
Experts claim, however, that Russian officials are disingenuous. In fact, in its 2016 survey, the WFF estimated there are least one million people in Russia subjected to some form of slavery, i.e., 0.73% of the country’s total population. Russia was thus ranked seventh in the WFF’s 2016 Global Slavery Index of 167 countries in terms of absolute number of people subjected to modern slavery. According to the index, only India (over 18 million), China (approx. 3.4 million), Pakistan (approx. 2.1 million), Bangladesh (approx. 1.5 million), Uzbekistan (approx. 1.2 million), and North Korea (1.1 million) had more slaves than Russia did.

slavery indexAn excerpt from the 2016 Global Slavery Index

Russian officials have not analyzed slave labor in Russia and do not acknowledge the problem. In their way of thinking, the president has not given them any instructions on the matter and nothing needs to be done, explains Yelena Gerasimova, director of the Center for Social and Labor Rights.

“I cannot say the government is a party to the scheme, but it closes its eyes on it. Russian Criminal Code Articles 127.1 (Human Trafficking) and 127.2 (Use of Slave Labor) are vaguely worded. While the ILO has a clear definition of slavery, the Russian police often do not understand what we are talking about. They ask us, ‘What slaves? Where are the shackles?’ But no one has ever kept slaves in shackles, for they have to work,” adds Oleg Melnikov, head of the grassroots organization Alternative.

The Government Protection Racket
Slavery includes forced marriages in which women are used as domestic servants, prostitutes forced to work in brothels, and migrant workers whose passports are confiscated by employers. As Gerasimova notes, however, Russian police, prosecutors, and labor inspectors refuse to acknowledge the problem and do nothing to identify people subjected to slavery.

She cites the example of the slaves of Golyanovo, twelve men and women freed from the basement of a grocery story on the outskirts of Moscow in 2012.

“The police were running protection for the store, which had kept people in bondage for years. They had their papers confiscated and were not paid for their work. Golyanovo is the tip of the iceberg,” argues Gerasimova.

The Russian government is willing to sell the manpower of inmates to commercial clients. For example, as PROVED discovered, Arkhangelsk Commercial Seaport LLC, a subsidiary of Evraz, purchased “workers from the inmate population” at the local penal colony for 860 rubles a day per person [approx. €12 a day]. The contract was posted on the government procurements website, although Arkhangelsk Regional Governor Igor Orlov hotly denied the deal. Now it is clear why. The ILO convention permits courts to impose work as a punishment, but it forbids leasing inmates to private companies.

Russian convicts usually work within the FSIN’s own system. Thus, the FSIN’s Main Industrial and Construction Department used inmates to build an entire residential complex for penitentiary service employees on the outskirts of Krasnoyarsk. Ironically, the complex is located on Work Safety Street.

However, the temptation to pursue public-private partnerships in the field of hard labor is too great. For example, FISN officials in Krasnodar Territory not only make no bones about their cooperation with business, but even brag about it. Inmates there sew uniforms for regular police and the Russian National Guard, cobble shoes, produce construction material, and are employed in woodworking and animal husbandry. Krasnodar Territory subsidizes businessmen who buy the goods produced by convicts. The entire enterprise is part of the territory’s official industrial development program for 2017–2020.

The Slave International
Forced labor is popular not only in the Russian penitentiary system but also in the outside world.

Melnikov describes a typical path to slavery.

“People from the hinterlands who go to Moscow and other major cities to improve their lot can end up as slaves. Someone approaches them on the streets, offering them a job in another region working on a rotational basis. He offers them a drink. Two days later, they wake up as they are arriving in Dagestan, Kalmykia or Stavropol Territory. Usually, the slaves work in cottage industries. The victims are told they have been bought. When they try and escape, they are captured and given a beating in front of everyone,” he says.

Moscow has recently been deluged with young women from Nigeria. Allegedly, they have come to study, but ultimately they are forced into prostitution. The farther workers are from home, the more vulnerable they are, adds Melnikov.

Fly-by-night firms, registered in Russia, recruit laborers in the rural regions of Uzbekistan and Kyrgyzstan. So-called foremen act as intermediaries between the firms and the local populace.

“They are often ethnic Russians from Central Asia or elders of the local communities, the mahallahs. They bring young men and women from the villages and hand them over to the managers of the companies that operate as agents. From the viewpoint of the UN and international law, this is human trafficking. But the migrant workers themselves do not see it that way. Many of them regard it as the natural order of things, an act of initiation. If you have not worked as a migrant laborer, you’re not a real man,” notes Andrei Yakimov, an expert on migrant workers.

People who are employed in this manner usually sign no work contracts with their employers. They do not know the names of the companies where they work or the names of their supervisors.

“A female cleaner from Uzbekistan knows only that she works for someone named Feruz. Feruz is her foreman or her foreman’s manager. At most, she will have heard that somewhere at the top of the food chain her work is supervised by someone named Andrei Nikolayevich, say. If I am an unskilled worker named Abdullo who has not been paid his wages, I am going to find it hard to figure where my money is. The foreman, the manager, his managers or contractor could be holding on to it. The chain of command can consist of dozens of links, especially in the construction business,” Yakimov explains.

There is no one to whom the migrant work can complain. If the migrant worker’s ID papers have also been confiscated, his or her enslavement is complete.

Slave labor is employed in different sectors of the economy. In Dagestan, slaves are sent to work at brick factories, while in Moscow they are employed as shop clerks, beggars, and prostitutes. In Novy Urengoy, they work in construction, while in Tver Region they are employed in sawmills.

Employment Off the Books
Yakimov argues that slavery in Russia is one of the shapes taken by undocumented employment. Russian nationals are fine with the fact that foreigners from Central Asia do the dirty, poorly paid jobs. These workers never turn to the authorities for help, fearing they will be punished for not having residency papers and work permits.

Russian nationals sometimes also avoid turning to the authorities, since many of them are employed on the black market and have not signed employment contracts, either. State Duma MP Oleg Shein has calculated that 34 million able-bodied Russians are employed in the illegal labor market, earning 10 trillion rubles [approx. €136 billion] annually. They constitute 40% of Russia’s entire workforce, says Shein. Such workers risk ending up as forced laborers, according to the wording of ILO Convention No. 29.

Translated by the Russian Reader

The New Serfs

kozyrev-muscovitesPhoto by Yuri Kozyrev for the project Muscovites. Courtesy of Novaya Gazeta

The New Serfs
On July 9, Millions of Migrant Workers and Foreign Students Will Be Stripped of the Right to Freedom of Movement in Russia in a Single Bound. What Has Happened?
Vyacheslav Polovinko and Tatyana Vasilchuk
Novaya Gazeta
July 6, 2018

On June 28, Vladimir Putin signed Federal Law No. 163-FZ, which clarifies the guidelines for immigration registration in Russia. According to the amended law, such notions as a foreign national’s place of residence and the party hosting the foreign national have been defined more precisely. The majority of media outlets have described the new law as making the lives of migrant workers less burdensome, since the new law says foreign workers can be registered as dwelling in construction site trailers. This has provoked grumbling among “tolerant” Russians, who have complained migrant workers will arrive in even greater numbers and occupy all the country’s trailers.

In fact, the situation is quite different. The new rules are a blow to all law-abiding migrant workers and nearly all foreign students. Any legal entity that attempts to hire foreign nationals to work or study in Russia could find itself in violation of the law.

Even people who have all the papers and permissions for staying in Russia could be deemed lawbreakers.

The July Eighth Law
When a foreign national arrives in Russia, she is obliged to present herself to the immigration authorities and register her place of residence. However, she cannot register herself: the people or entities who invited her are obliged to do this. If she has come on a private visit, this would be the owner of the flat she has rented or the hotel where she is staying. If she has come to Russia to study, the university where she will be studying is obliged to register her. If she has come to Russia to work, the company in which she is employed must register her. (The last instance is more flexible, because her company is obliged to register her with the immigration authorities, but they may or may not register her place of residence as they wish, apparently.) Private landlords are a separate topic, but legal entities would take the easy way out. The law used to permit them to register the university or the company’s main address as a student’s or employee’s domicile. However, the foreign national could actually live somewhere else. It was understood, however, that if the police or other competent authorities were looking for her, they could do so at the address where she was officially registered.

The old system had its advantages and its shortcomings.

“There are companies that have five or six thousand foreign nationals on staff. It is convenient for them to register people at their business address to oversee whether their employees are paying for work permits and extending their residence permits on time,” says migration expert Svetlana Salamova.

The other side of the coin has to do with the poor living conditions of some foreign workers. This is most often the case among migrant workers from Central Asia.

“Employers would sometimes accommodate fifteen people at a time in trailers, in which the living conditions were rough. Besides, finding people via their legally registered domicile was often quite complicated,” explains human rights defender Andrei Babushkin.

To solve these problems, the definitions of key notions in the immigration laws have been amended. Actually, however the circumstances of migrant workers and their Russian employers have been considerably worsened, not improved. The amendments signed into law on June 28 stipulate that the place where the foreign national stays cannot be a normal domicile, but it can be other premises where the foreign national or stateless person actually resides, i.e., regularly uses for sleep and relaxation. If she is registered by a Russian organization, the foreigner must live for all intents and purposes in premises belonging to the organization. However, the premises must be equipped as a dwelling space.

In other words, if a foreign worker wants her company to register her with the authorities, she is obliged to reside full time in the company’s living accommodations.

The catch is that most legal entities simply do not having living accommodations. Construction companies will have the easiest time of it. They will now actually be able to register workers as legally residing in trailers and makeshift barracks at construction sites. All other companies have nowhere to accommodate their employees from other countries. A sofa and a microwave are not sufficient conditions for turning a room into a legal residence.

“Legally speaking, a domicile is a place that has been registered as such,” says Salamova. “An office with a sofa in it is not a domicile, but if your company lets you keep your suitcases there and install a stove and refrigerator, theoretically you could be registered as dwelling there. In this case, however, the employee from the personnel department who registers you with the Russian Interior Ministry [i.e., the police] will have to supply the immigration authorities with paperwork showing the room has been registered as a domicile.”

Will Russian companies be willing to turn their offices into bedrooms? The answer is obviously no.

Large auditing and consulting agencies, a field in which many foreign nationals are employed in Russia (not only expatriates but also graduates of Russian universities who are nationals of the former Soviet republics) have started to warn their employees about the need to look for a place where they can be registered as residing. Victoria Plotinskaya, marketing and public relations director at AT Consulting, told us that foreign employees at her company must register at their actual addresses before July 9. Previously, AT Consulting registered them at its business address, but now it is willing to provide them with legal assistance. Plotinskaya assumes their employees will have no difficulties, since registering oneself as residing in a rented flat is not a problem,  she claims.

We, however, have learned that several employees of major companies have been thinking about quitting their jobs or transferring to their home countries because their landlords have no intention of registering them.

“Companies will lose the ability to keep track of the immigration registration of their foreign national employees, while  foreign nationals who live in rented flats will have to negotiate with their landlords about registering them,” says Roman Gusev, director of Ernst & Young’s taxation and legal services department. The company does not plan to lay off any employees.

“In practice,” Gusev continues, “we see that many landlords refuse to deal with this procedure, because they don’t want the added administrative burden. In such cases, foreign nationals will have to urgently look for new accommodations. On the other hand, landlords who agree to meet the new requirements will have to keep close watch over their foreign tenants’ arrivals in the Russian Federation, since they have to be registered with immigration authorities after each such arrival.

“There are also risks for conscientious landlords. If their foreign national tenants arrive in the Russian Federation and fail to inform them, the landlords will be breaking the law without knowing it. On the other hand, foreign nationals could also find themselves in a pickle if their landlords suddenly refuse to register them with the immigration authorities or are simply unable to do what the law requires of them because they happen to be out of town,” concludes Gusev.

Unfortunately, the new rules are also retroactive, apparently, meaning everyone who is registered as residing at a business beyond July 8 will be in violation of the law come this Monday—unless, of course, they are unable to swiftly persuade their landlords to register them. In this case, however, no one can vouch that landlord will supply this service for free. Rental agreements presume that landlords pay taxes on the rent they charge. Verbal agreements to rent someone a flat and register them while not paying taxes could lead to a rise in the price of flats let to foreign nationals in Russia.

Formally, nothing has been said about the retroactive force of the amendments to the law, as signed by Putin. However, human rights activists have already been getting reports of attempts to deport migrant workers for dwelling in places where they are not registered to reside. In fact, the Interior Ministry already has the power to deport a non-Russian national if an inspector discovers him somewhere other than his registered domicile, say, at another flat in the evening.

This was what happened to Uzbek nationals in Omsk Region, says human rights activist Valentina Chupik. The Uzbeks went to a immigration center with registration papers obtained from a middleman, and they were sent off to be deported, allegedly because they did not live at their registered domicile.

In other words, under the new law, migrant workers no longer have the right to spend the night somewhere other than their legally registered, actual residence.

Under Article 54 of the Russian Constitution, laws cannot be applied retroactively. This was underscored by the specialists at Alliance Legal Migration, a firm based in Petersburg. In theory, then, all registrations issued before July 8 should be valid for their full terms. This can be proven only in court, however. Yet Russian courts rarely side with migrant workers.

Dormitory Hostages
Foreign nationals employed by Russian companies are only half of the problem. If push comes to shove, they can pay landlords extra money to register them. All foreign students in Russia are now at risk as well. Previously, universities would register their main buildings as the legal domiciles of their foreign students, but now they will be obliged to register all of them in university dormitories. However, the number of rooms in the dorms does not match the number of foreign students, and out-of-town Russian students have to live in dorms as well. Besides, there are students who do not want to live in dorms and can rent flats, students who have children, for example. Previously, they could count on their universities registering them, but now they will have to take care of their own registration.

The new law also applies to students who left for summer holidays not knowing they would return to Russia in the autumn on new terms. In addition, students who are registered in dorms are virtually their hostages.

Any violation of university regulations or, for example, attendance at an opposition rally gives university deans the chance to opportunity to revoke the registration of “troublesome” foreign students, which automatically means they are in violation of immigration laws and can be deported. Considering the fact that many international students have never experienced serfdom, they behave like free women and men. Their freedom will now be harshly restricted by the hours when the dorm’s main entrance closes.

Universities themselves seemingly have not yet figured out yet what they are going to do. The new rules have been a big surprise to most of them. The main issue they face is how they will now enroll international students if registering all of them legally has become impossible.

The Peoples’ Friendship University of Russia (RUDN) refused to comment on the amended rules. We were told by a spokesperson at the Higher School of Economics (HSE) that they were in the process of working out a way of dealing with the new rules. However, we have in our possession correspondence between students and the HSE’s immigration department, who categorically informed the students they could be registered only at their actual places of residence.

At Moscow State University (MGU), we were told, “The issues of timely migration registration and visa extensions for foreign students residing in rented flats is currently being examined by university management in order to find the optimal solution.”

“The university has not contemplated any limitations to enrolling foreign students due to the adoption of Federal Law No. 163-FZ, dated June 27, 2018,” a MGU spokesperson added.

Other universities failed to respond to our inquiries before this issue of the newspaper was sent to the presses.

“If a university does not have a dormitory or does not have enough room in its dormitories, students can ask for a written request from the university to landlords, asking them to register the students at their actual domiciles. And then the landlords can register them if they want to do so,” explains Salamova.

Closely Watched Flats
You should not imagine that all of the above is a headache for foreigners, but has nothing to do with you.

According to the new rules, Russian nationals who let flats to foreign nationals are automatically regarded as “hosts,” meaning they are obliged to register them as residing in their dwellings and are responsible for them.

“There will also be increased check-ups and fines in the case of noncompliance with the laws for people who let flats to foreigners,” predicts Salamova.

In all fairness, such fines also existed earlier, but they were almost never issued. We have been informed that as soon as the World Cup ends, the police will make an extra effort to inspect all residential buildings and search for unregistered foreigners living in them.

Moreover, Russians are currently responsible for foreign nationals, even if they have left the country but their immigration registration is still valid. A law bill, sponsored by Irina Yarovaya and on the verge of its second reading, has been tabled in the State Duma. If passed, it would make it possible to remove foreigners from the immigration registry instantly and on one’s own via the web. This means landlords would also be able to remove tenants from the registry whenever they wanted, claiming, for example, that they had lost touch with the migrant workers in question. Foreign tenants would thus be subject to the whims of landlords, who could raise their rent at the drop of a hat, threatening to remove them from the immigration registry if they failed to pay. Besides, if a migrant worker does not live in the flat where she is officially registered, she can find herself without papers at any minute because, according to yet another amendment, she can be stricken from the rolls as residing in a particular flat without her knowledge. This means that beat cops can stop her on the street and automatically fine and deport her.

In mid June, the State Duma approved yet another law bill in its second reading. If passed, it would make organizations that invite foreigners to Russia wholly responsible for their actions. For example, if a foreign national works somewhere else than the organization that invited him or “is up to no good,” as MP Viktor Karamyshev has put it, the authorities will pay a call to the foreigner’s primary host organization. In addition, companies would have to make sure that when an employment contract ends, the migrant worker leaves the country instantly. Otherwise, the companies would be fined.

At the same time, the State Duma approved a new list of fines for noncompliance with all these rules on the part of organizations and ordinary Russians.

Under the new regulations in the Administrative Offenses Code, individuals will pay fines of up to 4,000 rubles for violations involving migrant workers, while officials will pays up to 50,000 rubles, and legal entities will pay up to 500,000 rubles [approx. 6,700 euros].

Beneficiaries  
By and large, the batch of laws that have been adopted or are still under consideration (the Interior Ministry, for example, has launched an expert group to draft a Migration Code) should at least be sent back to the relevant committee for revision, since, as Babushkin says, “The harm they do outweighs the good.” But the way the new rules have been drafted and adopted behind the scenes—they did not warrant a single public hearing nor, as far we have ascertained, did their authors consult with independent migration lawyers—suggests their oppressiveness is advantageous as they currently stand.

Who stands to gain, however? MP Irina Yarovaya, for example, argues that certain changes, such as the ability to remove migrant workers from the registration rolls on one’s own, are in the interests of ordinary Russians. She states her case in a clarification to the law bill that the MP’s aides sent to us in reply to a request for comments. On the contrary, human rights activists argue the Interior Ministry, which now has complete oversight over immigration, has received yet another tool for extorting bribes. Any migrant worker can be stopped on the street by the police and threatened with deportation: he will find it easier to pay them off. Any landlord can be intimidated with fines.

The threat of deportation is a convenient tool for dealing with troublesome individuals.

Our newspaper published the story of Gulchekhra Aliyeva and her family. She and her son were locked up for five days without food and water at the Ramenki District Police Station in Moscow. They were let out of their cells twice a day to go to the toilet. According to the Aliyevs and human rights advocates, the police tried to extort them, promising to deport them if they did not pay up. The ostensible cause was the tightening of security on the eve of the World Cup. After human right defenders intervened, the Aliyevs were released, and a criminal investigation into allegations of torture was launched.

“However, when the Aliyevs were summoned for questioning, it transpired  the police planned to deport them for being registered at their place of work rather than where they actually lived,” says Chupik.

Moreover, this happened before the new law had taken effect.

“We basically saved them by escaping the police station,” recalls Chupik.

The special services also stand to benefit from the new law. As we have learned from a source with ties to the academic world, special services officers have connections to the immigration departments in several Russian universities.

This is tantamount to reviving the Soviet system of “working” with international students at universities. Given that they inevitably violate the rules, they can be inclined to “friendship” and “cooperation” when necessary.

Besides, foreigners per se will now be unable to take the slightest step in Russia without official registration. Nationals of our allies Kyrgyzstan and Kazakhstan will also be punished, but that is collateral damage.

Finally, fly-by-night fake migration registrars stand to gain from the law, since their entire business will disappear into the shadow economy. Even now, migrant workers who travel to the Multi-Purpose Migration Center (MMTs) in Sakharovo, in the far southern outskirts of Moscow, cannot have their domiciles registered while other papers are being processed, including their work permits. Human rights activists say the MMTs has lost this right due to the new law.

“Everyone mobs Kazan Station, getting registered by people who give them counterfeit papers,” claims Chupik.

As far as we know, the neighborhood around the Kazan Railway Station, in central Moscow, has the largest number of people offering such dubious services. Moreover, these deals are made more or less in plain view of law enforcement officers, who do nothing about them: maybe they know something important we do not know or know more thane we. The price of counterfeit registration papers is between seven and eight thousand rubles [approx. 95 to 110 euros], a hefty sum of money for migrant workers.

The Interior Ministry stubbornly persists in saying nothing about how the new law will be enforced: it has not published any official clarifications. We have sent the ministry a request to comment, but when this newspaper went to the print, the ministry had not yet responded.

Thanks to Sergey Abashin for the heads-up. Translated by the Russian Reader

Sergey Abashin: Remittances by Central Asian Migrant Workers in Russia during the First Quarter of 2018

central asian migrant workerCentral Asian migrant workers hard at work on a roof in central Petersburg on a Sunday in early May.

Sergey Abashin
Facebook
June 18, 2018

Finally I’m writing again about migrant workers, a subject that right at the moment interests very few people.

Data on remittances by private individuals from Russia to other countries for the first quarter of 2018 has been released by the Russian Central Bank after a great delay. Here is the picture they present.

Uzbekistan was the leader among the CIS countries. Its nationals remitted $726 million, which is 17% more than in the first quarter last year.

Tajikistan came in second place with $487 million, which is 15% more than the same time last year.

Kyrgyzstan took third place with $434 million, 9% up from the first quarter last year.

The figures thus show a significant increase in remittances, which testifies to an growth in the wages paid to migrant workers and an increase in the numbers of migrant workers themselves. Remittances to Kyrgyzstan have been growing more slowly, but in fact that means a large portion of the money earned by Kyrgyz nationals now stays in Russia to be spent on setting up their lives here.

P.S. By the way, the champion in terms of private remittances received from Russia is Switzerland—to the tune of $1.7 billion.

Photo and translation by the Russian Reader

Dean Gloster: We Are Doing Evil

immigrant childPictured: A two-year-old Honduran asylum seeker about to be taken from her mother and placed in a facility where the staff (according to an interview) “is not allowed to comfort her.”

Dean Gloster
Facebook
June 16, 2016

[…]

We are now essentially torturing parents who legally seek asylum in the United States (and their children), by taking away their minor children, caging those children, and telling the parents they may never be reunited—all to “deter” them (and those like them) from exercising their legal rights under U.S. law. This new Trump “zero tolerance policy” (announced and implemented April 6, 2018 by Jeff Sessions) is evil and not based on our laws.

As some of you know, I used to be a lawyer, and in the 1980s I used to do pro bono political asylum work for Salvadorans fleeing death squads. U.S. law allows you to claim political asylum here if you have a “well-founded fear of persecution” in your home country that fits within specified categories. You can either present yourself at a point of entry and claim asylum (risky—you aren’t afforded a lawyer and most asylum claims are turned down) or you can claim asylum as a defense to deportation.

Now on our southern border, the U.S. is (contrary to law) refusing to admit those legally claiming asylum. They are forcing immigrants to cross into the U.S. illegally, and then arresting them and (even if they have a defense to being deported because of a potentially valid asylum claim) taking their children to be housed in a concentration camp—an abandoned WalMart filled with cages or a new tent camp in 100 degree Texas heat on a military base. This is being done, per Jeff Sessions and Mitch McConnell, to “deter” them from seeking asylum—that is, as a punishment to them, to deter others from doing the same thing. Even though that thing (claiming asylum) is completely legal under U.S. law.

Accounts from Congressional Representatives and pro-bono attorneys reveal that parents are told that their children are being taken away “to get a bath” and then the children are not returned. When asked how they’ll be reunited, parents are being told “your families do not exist anymore.” Parents have been deported and they don’t know where their children are. Because there are at least four federal bureaucracies involved (CBP, DHS, ICE, ORR in addition to private prison corporations and the DOJ) and there was no planning for implementing the policy none of attorneys representing them, the Customs and Border Patrol, nor U.S. Congressional Representatives can get confirmation that the children are even being kept track of by family.

Not surprisingly, one man, after learning that his child had been taken away, recently killed himself.

Jeff Sessions announced the new policy on April 6, 2018, but Trump now (1) claims, inaccurately, that it’s “the Democrats'” prior law (a complete lie) and (2) tweeted today that he won’t change the new policy unless Congress agrees to fund the wall and end political asylum and end “catch-and-release.”

Today, DHS revealed that almost 2,000 children have been taken from their parents in the last 6 weeks under the new policy. Children are housed in cages on concrete floors. Many of the children don’t have access to anyone who speaks their language. The staff has no training to deal with the children’s trauma, and a whistle-blower recently explained that both the staff and the children are traumatized, while the CEO of the private prison company has been paid $1 million.

Today, three medical organizations announced their unanimous denunciation of this new policy because separating young children from their parents and incarcerating them is permanently traumatic.

So here we are, friends. This is a violation of the Fifth Amendment guaranty of due process of law. It’s a violation of the Eighth Amendment prohibition against cruel and unusual punishment. It is a violation of international law. I would hope that any of those who continue to assist the implementation of this new policy are shunned by their congregations of faith until that changes. (Catholic bishops have already discussed assessing Canonical penalties to ICE agents ranging from refusing the sacrament of communion to excommunication.) I would hope that our courts ultimately order them to cease and desist, and if they fail to do so, that they are jailed for contempt of court. I hope they are ultimately prosecuted as international war criminals and they can never travel outside the U.S. In the meantime, every single one of them has violated his or her oath to uphold the U.S. Constitution, and they deserve our horror and our contempt.

I’ve spent today in a funk, knowing that I needed to write this, and hating that fact. I have, despite every horrible thing up until the last nineteen months, been proud to be an American, choosing to concentrate on our lofty aspirations (equal protection, freedom of speech) rather than our tragic failings (slavery, segregation, white supremacy, McCarthyism.)

But this is simply unmitigated evil. And refusal to face it or to acknowledge it or to own it, is cowardice and a deliberate choice to enable evil. (Yes, friends, this is America, today. This is exactly who we are, until we change it.)

We are terrorizing families. We are traumatizing children. We are violating our principles and our laws to further a racist ideology of our misguided rulers. We are doing evil. We need to do everything in our power to stop that. Now.

Thanks to Jose Alaniz for the heads-up. I supplied the links and videos based on cues in the original text.

Stay Glued to Your TV Set

tv

Nobody or almost nobody in the western press talks about the sheer numbers of people leaving Russia, either quietly, as in the case of most people I know who have left, or noisily, as in the case of Altai Territory opposition activist Aidar Kudirmekov.

I think if we took a head count, the numbers would be staggering, especially since the Kremlin boarded the crazy train in the spring of 2014.

I’m nobody important, and yet off the top of my head I can name at least thirty or forty acquaintances who have left the country for good in the last few years.

But all my Western European and North American friends of leftist and liberal views can only complain of the “hysterical anti-Russian coverage” on their TV sets.

What they mean is the unflattering coverage of their secret sharer, Vladimir Putin, who in ways that have never been clear to me has been aiding their mostly imaginary “anti-imperialist” cause.

That there are 144 million other Russians who have subjectivity and agency, and who might actually be even more “hysterically anti-Russian” (i.e., opposed to Putin’s nineteen years of criminally shambolic governance) seemingly never occurs to them, as it almost never occurs to their TV sets, either.

This is not to mention the explicitly or implicitly pro-Putinist coverage you find in vast swaths of the western press, including the Nation, the BBC on bad days, anywhere the ludicrous pro-Kremlin apologists Mary Dejevsky, Seamus Milne, and Stephen Cohen pop up, the Independent (e.g., Robert Fisk’s and Patrick Cockburn’s coverage of the war in Syria, which has been forthrightly pro-Assad and, thus, pro-Putin), and on and on.

On any given day, depending on how many languages you read, you can find numerous western reporters and op-ed writers tossing so many softballs at the Kremlin to bat out of the park, you would be excused for thinking you were at a high school in Iowa in April during ninth-grade phys ed class. // TRR

Image courtesy of Perfect Excellence

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Monetizing Russia’s Migration Maze?

DSCN5633.jpg“Help is like hell, only it’s help.”

Punishment Minus Expulsion
Interior Ministry Develops Individual Approach to Migrant Workers
Anna Pushkarskaya
Kommersant
April 27, 2018

The Russian Interior Ministry has published draft amendments to the Administrative Offenses Code that would permit judges not to expel people from Russia who violated immigration regulations by allow them to take into account mitigating circumstances and substitute monetary fines for expulsion. The individual approach has already been enshrined in several articles of the Administrative Offenses Code by decision of the Russian Constitutional Court, but the police are willing to make it the “general rule for the assignment of administrative penalties.” Meanwhile, the Russian Justice Ministry has reported to the Council of Europe on measures it has taken in response to the complaints of stateless persons, although the rulings of the European Court of Human Rights (EHCR) and the Russian Constitutional Court on these cases have not yet been implemented, experts have noted.

The draft amendments to the Administrative Offenses Code, which would give judges the ability to replace administrative punishment with less harsh penalties, depending on the specific circumstances of the case, have been posted by the Interior Ministry for public discussion until May 4. The police drafted them on the basis of a February 17, 2016, ruling by the Constitutional Court. The ruling was rendered in the case of Moldovan national Mihai Țurcan, who was expelled from Russia for failing to notify the Federal Migration Service he was registered in Moscow Region. (This requirement is stipulated by Article 18.8 Part 3 of the Administrative Offenses Code, and it also applies to stays in Moscow, St. Petersburg, and Leningrad Region.)

Expulsion entails a five-year ban on entering the Russian Federation and reapplying for a residence permit. Courts did not consider the complainant’s work experience and payment of taxes as grounds for mitigating his punishment. The Constitutional Court ruled that these immigration regulations were unconstitutional and obliged legislators to individualize penalties for single violations of the controversial regulation by taking into account the length of an alien’s stay in the country, whether or not s/he has family in Russia, payment of taxes, and law-abiding behavior. Since December 2016, Article 18.8 Part 3 has allowed authorities to avoid explusion except in cases in which the documents confirming the alien’s right to stay have been lost or are lacking. In April 2017, the Constitutional Court’s approach was enshrined in the “General Rules for the Assignment of Administrative Penalties” (Article 4.1 of the Administrative Offenses Code), which deals with violations at official sporting events, for which foreign fans can get off, under mitigating circumstances, with a fine of 40,000 to 50,000 rubles and a ban on visiting stadiums for a period of one to seven years.

In October 2017, First Deputy Prime Minister Igor Shuvalov instructed authorities to extend the approach to all cases of compulsory explusion. If the court concludes that expulsion is an excessive stricture on the right to a private life and is disproportionate to the objectives of administrative penalties, it can be substituted by a fine of 40,000 to 50,000 rubles [approx. 530 euros to 660 euros]. Courts may already opt not to order expulsion in accordance with the clarifications issued by the Russian Supreme Court and Russian Constitutional Court, but now the factors courts should take into account are supposed to be incorporated in the wording of the law, noted lawyer Sergei Golubok. Lawyer Olga Tseitlina told Kommersant the draft amendments are quite important, because courts have, in practice, ignored marital status and other vital circumstances.

At the same time, the Russian Justice Ministry has sent a letter to the Council of Europe’s Committee of Ministers, asking it to recognize that the EHCR’s rulings on complaints filed by stateless persons have been implemented. The virtually indefinite detention of complainants in special Russian Interior Ministry facilities on the basis of rulings by Russian courts and the conditions of their detention in custody were ruled violations of the European Convention on Human Rights. The Justice Ministry reported that compensation had been paid to the complainants. They are now no longer subject to expulsion and deportation, and can “fix their migration status.” Moreover, the State Duma has passed, in their first reading, the admendments to the Administrative Offenses Code drafted by the Interior Ministry to settle the problem, the Justice Ministry reported four years after the ECHR issued its ruling. The Justice Ministry referred to the Constitutional Court’s ruling in the Mskhiladze case. In May 2017, the court also ordered that the Administrative Offenses Code be amended.

The ruling has not been implemented, noted Golubok and Tseitlin, who represented Mr. Mskhiladze. The ECHR’s decision in the case of another of Tseitlina’s clients, Roman Kim, has not been implemented, either, she told Kommersant.

“He has no legal status and de facto cannot apply for [Russian] citizenship or a [Russian] residence permit, since he cannot expunge his conviction due to his unemployment, but he is unemployed because legally no one can hire him,” said Tseitlina.

She stressed the general measures required by the ECHR and the Constitutional Court have not been implemented, either, since no changes have been made to Russian federal laws.

Thanks to anatrrra for the heads-up. Translation and photo by the Russian Reader

Welcome to St. Petersburg!

DSCN5677Two Russian National Guardsmen shake down a non-Russian and his friend (off camera) in the run-up to this summer’s FIFA World Cup. Photo by the Russian Reader

I remember when the G8 summit was held in Petersburg in July 2006. I will leave aside the counter-summit (aka the Russian Social Forum), held in then-already-doomed Kirov Stadium, that is, in a part of the city so far off the beaten path you had to want to be there very badly to get there, and the excellent job the Russian security services did making sure that social and political activists from other parts of the world’s largest country could not make it to Petersburg, much less to the forum.

I bring the summit up only because, the social forum aside, the city was pullulating with so many cops, riot cops (OMON), and Interior Ministry troops it was impossible not to notice them and realize how absurd and wasteful the security overkill was, especially since the summit per se was held in the newly refurbished Constantine Palace in the southern Petersburg suburb of Strelna, a site at least fifteen kilometers away from the central city and most of its inhabitants, and thus easily secured by a few hundred guards, policemen, and special forces troops.

Back in those halcyon days, I had a job that kept me moving round the city from morning to night, and so I would happen upon clusters of utterly idle cops, riot cops, and special forces troop in the oddest places on a regular basis while the summit was on. I remember how I once walked into an otherwise obscure, out-of-the-way courtyard late in the evening and found it chockablock with Russia police officers of some sort, possibly imported for the occasion from the other side of the country. They seemed almost ashamed to be hiding in that courtyard, protecting nobody at all from utterly nonexistent threats, and chainsmoking to kill the time.

Our beleaguered city’s next opportunity to shine in the international limelight will be during the 2018 FIFA World Cup, held in Petersburg and several other Russian cities from June 14 to July 15.

I was reminded by a tiny incident I witnessed earlier today of the Russian police state horrorshow literally everyone in the city with their heads screwed on straight expects during the month the World Cup is in town.

By the way, all locals with an ounce of sense in their brains are planning to be somewhere else, if only at their dachas in the countryside, during that month.

When I exited my building earlier today I immediately spotted two Russian National Guard officers hassling two young men of “non-Slavic appearance.” The officers were conducting their shakedown squarely in front of the gateway that accesses the yard of the building next to ours, the only courtyyard left on our street connecting it with the street running parallel to it.

Once upon a time not so long ago, central Petersburg was chockablock with interconnecting, walkthrough courtyards, and natives in the know could cover long distances in the inner city navigating this extensive network of courtyards without having to emerge onto the actual streets.

But when the new era of “capitalism” and “democracy” dawned, and Petersburgers privatized their flats and turned their courtyards into impromptu car parks, many of them gated, locked, and otherwise blocked off their courtyards, a move that in many cases was probably illegally, although no has ever gotten in trouble, so far as I know, for establishing their own little gated communities this way.

The guardsmen were reading the swarthy troublemakers the usual bored riot act about their having the wrong paperwork when I squeezed my way around them. One of them said they would have to take the swarthy men down to the precinct and write them up, which probably meant they would hold them there long enough to make their serious intentions plain before “fining” (bribing) them and letting them go.

The preparations for the 2018 World Cup have already been a debacle for Petersburg and many of the other host cities, as well as segments of the local populace that the authorities want to go away during the festivities, including university students, dogs and cats, antifascists tortured and framed as “terrorists,” and migrant workers.

I thus took the shakedown I witnessed as a sign of things to come: the full force of the utterly lawless, mendacious, and violent Russian law enforcement machine would be unleashed against migrant workers, people who look funny or out of place, and even completely ordinary, unprepossessing local residents while the World Cup was underway.

So, my message to you out there in the wide world is take a thought for us back here in the Motherland and keep your TV turned off during the World Cup. The “beautiful game” need not be played and enjoyed at such a high human cost to the World Cup’s Russian host cities, but since ultraviolence and the gleeful trampling of human rights are the only ways the current Russian regime knows how to handle mega events like the World Cup and the Winter Olympics, not to mention the country’s day-to-day governance, show a minimum of solidarity with us here in the line of fire and don’t watch any of the matches on TV. It won’t cost you a thing, but the world’s TV executives and advertisers will notice.

I won’t even bother appealing to the jetsetters who are planning to travel to Russia for the World Cup. You are beyond the pale in any case, since you choose to live your lives in such a thoughtless, wreckless way. My only hope for you is that, at some point during your expensive, wasteful trip, Russia’s real reality will burst through the carefully packaged and securitized experience the Russian authorities have planned for you, and you realize you paid Satan a lot of money to watch a few bloody football matches in person. // TRR