The Policemen’s Ball

DSCN6837At €2.50, the official licensed sticker album of the 2018 World Cup is a steal. Russian officials also plan to steal the civil rights of their own citizens during the month-long tournament. Photo by the Russian Reader

Restrictions on Movement and Freedom of Assembly during the 2018 FIFA World Cup
Denis Shedov and Natalya Kovylyayeva
OVD Info
May 25, 2018

Russia welcomes the 2018 FIFA World Cup with Presidential Decree No. 202, which places restrictions on the movements of people and the staging of public rallies in cities hosting the matches. According to the decree, “enhanced safety measures” will be enforced from May 25 until July 25 (although the first match, between Russia and Saudi Arabia, will not be played until June 14). Denis Shedov and Natalya Kovylyayeva studied the decree specially for OVD Info.*

The restrictions will be introduced on May 25, 2018. They will be enforced in the cities and regions hosting 2018 World Cup matches: Moscow, Petersburg, Volgograd Region, Sverdlovsk Region, Nizhny Novgorod Region, Samara Region, Rostov Region, Kaliningrad Region, Krasnodar Territory, the Republic of Tatarstan, and the Republic of Mordovia.  Additionally, the decree also applies to certain neighboring regions where, in particular,  competing teams will be accommodated: Moscow Region, Leningrad Region, Kaluga Region, Voronezh Region, Stavropol Territory, and the Republic of Chechnya.

It is worth noting Decree No. 202 applies absolutely to everyone who is located in the regions listed during the period the decree is in force. In this light, OVD Info felt it was vital to discuss these changes.

Monitored and Restricted Areas
The decree introduces “monitored and restricted areas,” which will either be entirely off limits to people or will have restricted access. These areas include training grounds (including at other stadiums), team headquarters, hotels where teams and referees are staying, cargo inspection points, the broadcast center at Crocus Expo in Moscow, fan festival venues, press centers, and parking lots for special transport. You will be able to enter these “monitored areas” only after security guards have conducted a thorough inspection of all your belongings.

In addition, there will be special pedestrian security zones, so-called last miles, consisting of areas of one to two kilometers in radius around the stadiums where the matches will be held. Aside from World Cup transport, only residents of nearby buildings, equipped with special passes, will have access to these zones. To obtain the passes you need your internal passport and the papers for your car and your flat. Information about these zones has been posted on the official municipal websites of the cities hosting matches and published in local periodicals.

  • During the 2014 Winter Olympics in Sochi, the city was off limits to cars from other cities, i.e., cars not registered in Sochi, with the exception of vehicles owned by the secret services and vehicles that had received accreditation as municipal maintenance and 2014 Winter Olympics support vehicles. Vehicles registered in Sochi were restricted from traveling in “monitored areas.” 

Mandatory Registration for Everyone
Upon arrival in a city, you must register with the local immigration authorities within three days. This rules applies to everyone except those who are registered to live permanently in the particular city. Additionally, special rules for registering domiciles and temporary stays will be introduced in the cities where World Cup matches are scheduled.

Russian nationals and foreign nationals must register with the police within 72 hours of arriving. Usually, during “normal” times, Russian nationals have the right to spend up to 90 days in another Russian region without registering, while foreign nationals have seven days to register. Decree No. 202 specifies that the party hosting the visitor, i.e., the hotel, spa, holiday home, etc., must notify the proper authorities of the arrival of foreign nationals within 24 hours, as stipulated by Russian federal law.

Immigration authorities in the regions mentioned in the decree will be open for business daily during the World Cup, including weekends and holidays. There are several ways of registering your stay in another city:

  • Submitting an application to the management of the hotel, hostel, camping ground or youth hostel where you are staying, or the management company, proprietor or landlord, if you are staying in a private flat.
  • Reporting to the local immigration authorities yourself.

Foreign nationals must personally present their papers to the regional office of the Interior Ministry (i.e., the police) or a multi-service center, or their official hosts must do it for them. It is forbidden to register via the post office or a government services website.

Arriving foreign nationals are obliged to provide notification of their arrival, a copy of their identity card (e.g., passport or either ID), a copy of their Russian visa, and a copy of their migration card. This rule applies to all foreign nationals, regardless of their nationality and status in Russia. If the host party is a legal entity, this organization must supply the authorities with a complete set of documents.

Private individuals who act as hosts need only present their Russian internal passports, proving they are permanent residents, a copy of their passports, and a copy of their ownership deed to the dwellings where they will house foreign nationals.

If these rules are violated, Russian nationals will be obliged to pay an administrative fine. In Moscow and Petersburg, the fine will range from three to five thousand rubles, while in the regions it will range from two to three thousand rubles. Foreign nationals who violate these rules can be expelled from Russia.

Restrictions on Freedom of Assembly
According to the decree, from May 25 to July 25, 2018, assemblies, rallies, demonstrations, marches, and pickets that have nothing to do with the 2018 FIFA World Cup can be held only in places, along routes, and at times approved by the authorities. The authorities can also determine the number of attendees and the duration of the event.

Decree No. 202 was first enforced during last year’s Confederations Cup, also hosted by Russia. A large number of activists involved in group protests and solo pickets were apprehended at that time. Some of the people detained during solo pickets were subjected to “explanatory discussions” by the police, while others were written up for violating the rules for holding public events and fined as much as 20,000 rubles.

  • In May 2017, five activists from the local headquarters of opposition leader Alexei Navalny were detained for setting up a campaign booth on the main square in Kazan. Law enforcement said the action had not been authorized by the authorities. All the detainees were sentenced to ten to twelve days in jail, as well as 35 hours of community service.
  • During the Navalny-inspired anti-corruption rallies that took place in a number of cities on June 12, 2017, including Petersburg, Moscow, and Sochi, police detained protesters on the basis of Paragraph 11 of the decree, as paraphrased above. Although in Krasnodar, where the rally against corruption had been authorized, no one was apprehended, despite the special security regime.
  • During the protest rally “Farewell to the Communications Ministry,” in Moscow in June 2017, a teenager was detained when he tried to leave flowers outside the ministry due to restrictions on freedom of speech in Russia, including the possible blockage of the Telegram messenger service. The arresting officer cited the presidential decree restricting rallies during the Confederations Cup and the 2018 World Cup when he detained the boy. The teenager was taken into a police station for questioning before being released.
  • In mid-June 2017, fifteen people holding solo pickets against Moscow’s massive “renovation” program were detained outside the entrance to the State Duma.
  • Several activists who held solo pickets in support of mathematician Dmitry Bogatov and demanded an end to the prosecution of nationalist Dmitry Demushkin were detained on June 24, 2017, in Moscow.
  • Solidarity Party activist Mikhail Lashkevich was detained on July 4, 2017, while holding a solo picket demanding the people behind opposition leader Boris Nemtsov’s assassination be found. The police admitted he had a right to carry out a solo picket and released him from Basmanny Police Precinct in Moscow without writing him up. Subsequently, Roman Petrishchev, another Solidarity Party activist, was detained for a solo picket.
  • In early July 2017, five activists of Protest Moscow were detained in different parts of the city while they held solo pickets against censorship. All of them were charged with violating the rules for holding public events, punishable under Article 20.2 Part 5 of the Administrative Offenses Code.
  • On July 5, 2017, the well-known democracy activist Ildar Dadin was detained during a solo picket outside FSB headquarters in Moscow, since his protest had not been authorized by law enforcement. On July 7, 2017, the Meshchansky District Court found him guilty of violating the “rules of solo pickets” and fined him 20,000 rubles.

In May 2017, Alexander Pomazuyev, a lawyer with Navalny’s Anti-Corruption Foundation (FBK) asked that Paragraph 11 of the decree be declared null and void in a suit he filed with the Russian Supreme Court. Pomazuyev claimed he had been denied the right to hold a solo picket. He also argued the presidential decree infringed on civil liberties guaranteed by the Russian Constitution, including the right to free speech and freedom of assembly. The court threw out Pomazuyev’s suit, thus rubber-stamping the restrictions on rallies and pickets during the Confederations Cup and the 2018 FIFA World Cup.

In February 2018, organizers of the Boris Nemtsov Memorial March in Nizhny Novgorod wrote an open letter to FIFA president Gianni Infantino asking him to protect freedom of assembly in Russia in the run-up to the World Cup. The football functionary did not react to the letter, apparently.

“Although the decree restricts certain rights only from May 25 to July 25, 2018, even the smallest pickets have been turned down by the authorities on the grounds of the terrorist threat,” the march organizers wrote on their Facebook page.

Commentary by Lawyer and Human Rights Activist Alexander Peredruk
Yes, Presidential Decree No. 202, dated May 9, 2017, definitely violates people’s constitutionally guaranteed rights to freedom of assembly in Russia.

If you want to hold a public rally from May 25 to July 25, 2018, at a venue of your choosing, there is no guarantee you will pull it off. The authorities could turn you down on the grounds the venue you have chosen was not vetted by the Interior Ministry and the FSB. 

As last year showed, when several applications to hold rallies were filed simultaneously, the authorities would reject all the applications. However, when the applications were filed, the authorities had not yet determined what venues could be used. They drew up a list of permissible venues only after looking over the first applications. It was thus a “complete coincidence” that the venues indicated in the applications that were submitted to the local authorities were not on the list of permissible venues. 

In other words, the rejections were perfunctory and practically groundless. The authorities were not interested in conducting a proportionality test, in striking a balance between public and private interests.

In addition, questions are raised about the legitimacy of the division between public sporting events, which are permitted during this period, and public political events, which are virtually banned. Russian citizens are thus subject to discrimination.

During the 2014 Winter Olympics in Sochi, a local man, David Hakim, was detained while holding a solo picket in defense of the convicted environmentalist Yevgeny Vitishko. (Hakim was jailed for four days for his “crime.”) Agora used his case to challenge the president’s Olympic decree in the Russian Constitutional Court. However, the court refused to examine whether the decree complied with the Constitution, since it had expired by the time the complaint was examined. 

* If you are worried about how Presidential Decree No. 202 will affect foreign fans traveling to Russia for the World Cup, you shouldn’t be. They are required to purchase special “fan IDs” that will exempt them from most if not all of the decree’s strictures. // TRR

Denis Shedov is a lawyer with the Memorial Human Rights Center in Moscow. Natalya Kovylyayeva is a journalist. Translated by the Russian Reader

We Will Stop at Nothing to Make Sure You Have Fun

fullsizeoutput_976A migrant maintenance worker fixes a rooftop on Kolomenskaya Street in downtown Petersburg, September 25, 2017. Photo by the Russian Reader

Immigrant Janitors to Be Evicted from Tenement Houses for World Cup
Maria Tirskaya
Delovoi Peterburg
January 15, 2018

The scandal caused by plans to evict students from dormitories in order to house the Russian National Guardsmen and policemen who will provide security at this summer’s World Cup matches in Petersburg has taken an unexpected turn. Accommodations for the law enforcement officers have now been found in city-owned tenement houses.

In November 2017, it transpired that the Russian Federal Education and Science Ministry and the Russia 2018 World Cup Organizing Committee had recommended to major universities in several cities where matches would take place to evict out-of-town students from their dormitories before the football tournament kicked off. The plan was the rooms thus freed would house the regular policemen and Russian National Guardsmen who would be policing the sporting events. To this end, universities in Nizhny Novgorod, Samara, Saransk, and Yekaterinburg were forced to amend their curricula and examination timetables so students would be able to take their exams and clear out of their dormitories before the World Cup began. A scandal ensued. The Russian Student Union asked Prime Minister Dmitry Medvedev to prevent the forcible eviction of students.

Petersburg officials have come up with another way to find temporary housing for police and the Russian National Guard during the World Cup.

The city’s Housing Committee has drafted a municipal government decree that would provide housing to “legal entities performing tasks related to the provision of enhanced security measures during the 2018 FIFA World Cup in Petersburg” in commercial housing stock under lease agreements. The draft decree has been published on the Housing Committee’s website.

In other words, the Housing Committee plans to house law enforcement officers in tenement houses owned by the city.  The first tenement house designed to accommodate out-of-town janitorial and maintenance workers was opened in 2010. Currently, the city’s State Housing Fund owns seventeen tenement houses, which are located both in the city’s central and outlying districts. The cost of renting a single bend in these houses ranges from 2,900 rubles [approx. 42 euros] to 4,600 rubles [approx. 66 euros] a month. We can assume the most popular spots will be in the tenement house at 22 Karpovka Embankment on the Petrograd Side, since it is located closest to the stadium on Krestovsky Island, where all World Cup matches hosted by Petersburg are schedule to be played.

The Housing Committee declined to comment on its undertaking.

Earlier, it was reported most of the events relating to the 2018 World Cup would be policed by Russian National Guard units. They would be responsible for the personal safety of players, coaches, and referees, and monitoring stadiums, fan zones, training pitches, and areas around the stadiums, including the transport infrastructure sites that will handle the movement of fans.

In 2017, during the FIFA Confederations Cup, which took place from May 26 to July 2, and was considered a rehearsal for the World Cup, security in Petersburg was ensured by over 15,500 officers and servicemen from units of the Russian National Guard’s Northwestern District.

The World Cup will take place in Russia from June 14 to July 15 of this year. The matches will be played in Moscow, Petersburg, Yekaterinburg, Sochi, Samara, Nizhny Novgorod, Kaliningrad, Volgograd, Kazan, Rostov, and Saransk.

Translated by the Russian Reader

Migrant Labor and the 2018 World Cup in Russia

iuf.ru
Migrant Labor in Russia: From Golyanovo to the 2018 World Cup

On July 11, 2013, the Russian Federal Law “On the Preparation and Staging of the 2018 FIFA World Cup and 2017 FIFA Confederations Cup in the Russian Federation and the Amendment of Certain Russian Federal Legislative Acts” came into force without any uproar, something inadmissible in such delicate matters. (Hereafter referred to as FZ-108 for brevity’s sake, the full text of the law in the original Russian can be found here.)

While the name of the law might not sound too promising, its content opens up truly outstanding prospects for any Russian employer even tangentially connected with the 2018 World Cup. FZ-108 establishes special conditions for the employment of “foreign nationals and stateless persons” (i.e., migrant laborers) involved in the preparations and staging of the World Cup and Confederations Cup.

Article 9 Chapter 4 generously eliminates the need to obtain permits for the employment of migrant labor and notify the relevant authorities of the conclusion or termination of contracts with foreign workers, or of their arrival or departure. Nor are migrant workers themselves required to obtain work permits. Quotas for the issuance of visas and work permits are waived for those employers involved with the 2018 World Cup. Article 10 is even more interesting: it abolishes all regulation and control over the recruitment of foreign nationals and stateless persons as volunteers—that is, it practically and plainly permits employing migrants without remuneration. Article 11 exceeds all limits of generosity. It allows employers to set long working hours right in the contracts of all workers “employed in the preparation and staging of the events” (with no explanation of what that phrase means) and waives the requirements for the compensation of night work, the compensation of work on weekends and holidays, and the duration and compensation of overtime (as stipulated by Articles 154, 113, 153, and 152, respectively, of the Russian Federal Labor Code). The icing on the cake is Article 56 Chapter 14, which exempts all payments made to migrants under labor, civil, and volunteer contracts from obligatory social security and insurance deductions.

This simplified hiring procedure is a clear incentive for employers to employ foreign workers on the widest possible scale.

Here we should stop and ask ourselves to whom FZ-108 applies. The answer: any entity that is a “FIFA business partner.” By law, this means any legal or natural person in a contractual relationship with FIFA or its subsidiaries and involved in “events.” This might be a commercial partnership agreement or an agreement for provision of services, but in any case the provisions of the law apply to the subsidiaries and subcontractors of all these “business partners.”

Thus, the list of organizations with special rights vis-à-vis workers employed in preparing the “events” is very broad. We can safely include in this list the general contractors and subcontractors involved in building the stadiums, suppliers, FIFA sponsors (all thirty-four of them!), FIFA licensees (i.e., companies that have the right to use the World Cup logo on their products), firms providing security at the World Cup, and so on. Of course, all these companies have subsidiaries and contractors—personnel and temp agencies, construction and security companies, manufacturing facilities, cleaning and catering companies, firms involved in maintaining equipment and buildings, supplying brand-name goods, producing and placing ads, and so on and so forth. By the way, the recruiting agency Kelly Services is among the official suppliers of the 2014 Winter Olympics in Sochi. In light of the new law, we can easily imagine the consequences if this or any similar firm signs a contract with FIFA.

It is reasonable to assume the Russian authorities understand they will be unable to get ready for the World Cup employing only Russian citizens and are thus counting on migrant workers. Employers in construction, residential building maintenance, cleaning, retail, and other sectors where the skill requirements are low and cheap labor is the source of profits have long ago discovered this magic wand.

But we cannot help noticing that all these measures have been proposed and ratified by the same government that is literally right now organizing actual raids on migrants and imprisoning them in special camps in Moscow, Saint Petersburg, Yekaterinburg, Volgograd, Samara, Rostov-on-Don, and Kaliningrad. Does this mean that the right hand of the Russian state doesn’t know what the left hand is doing? Not in the least.

All the above-named cities are hosting the 2018 World Cup.

In accordance with FZ-108, any migrant worker needs to do just one thing to obtain legal status: become involved with the preparation and staging of the World Cup or Confederations Cup, that is, enter into an employment, civil or volunteer agreement with one of the organizers of the events, or with their contractors or subcontractors. Thus, for example, a migrant from Vietnam now being held at the camp in Golyanovo, after signing a contract with some subcontractor of a World Cup licensee manufacturing mascot dolls for the championship, will be legalized de jure. De facto, however, he or she will go back to another semi-underground workplace, but now no one will be able to exercise any oversight or supervision. Now the migrants who are liberated from slavery or buried after they burn to death in sweatshops locked from the outside will be absolutely legal. It’s a sleight of hand, as they say.

The anti-migration campaign of the authorities stokes openly racist attitudes in society, shifting public attention from societal and labor issues (which had recently come to the forefront) to the search for scapegoats. Meanwhile, there is no guarantee that the practice of stripping migrant workers who are employed in the preparations for the 2018 World Cup of their rights will not be extended to all foreign workers tomorrow, and incorporated in the Russian Federal Labor Code the day after tomorrow, thus fulfilling the most cherished dreams of the Russian Union of Industrialists and Entrepreneurs.

The fight against xenophobia, the persecution of migrants and the violation of their rights must, therefore, become one of the main issues on the agenda of the trade union and labor movement in Russia.

__________

golianovo_a

Migrants at the deportation camp in Golyanovo, which instantly became a household name. Photo © The Moscow News.

golyanovo_slaves_a

The name Golyanovo had been linked with migration even earlier, however. In the photo we see the liberated “slaves of Golyanovo,” who had been held for years in the basement of a grocery store, and their saviors from non-governmental organizations. Despite the best efforts of human rights activists, the criminal case against the slave owners has fallen apart. Photo courtesy of the LiveJournal blog Living Tomorrow.

egorievsk_a

During a fire at a garment factory in Yegorievsk, fourteen migrants from Vietnam perished. They were locked in the factory and thus could not escape to safety. A year later, punishment for the perpetrators of this crime is still a distant prospect. Photo courtesy of 1.tv.ru.