A pie chart, using information from November 2017, showing the numbers and kinds of NGOS designated as “foreign agents” by the Russian Justice Ministry. Moving clockwise, the chart shows that 24 Russian human rights organizations have been registered as “foreign agents,” along with 4 NGOs working on healthcare issues, 2 trade union associations, 6 analytical and social research organizations, 3 women’s organizations, 10 civic education organizations, 9 media support organizations, 3 ethnic minority organizations, 7 NGOs involved in defending democracy and democratic principles, 11 humanitarian and social welfare organizations, and 8 environmental organizations. Courtesy of Deutsche Welle. As of November 15, 2019, there were ten media outlets listed as “foreign agents” by the Russian Justice Ministry, including Voice of America (VOA), Radio Free Europe/Radio Liberty (RFE/RL), and eight RFE/RL affiliates.
Russian Duma Adopts Law on Designating Individuals “Foreign Agents”
November 21, 2019
The Russian Duma has passed a law bill on designating private persons as “foreign agents” in its third and final reading. On Thursday, November 21, the bill was supported by 311 of the 315 MPs who voted. No one opposed the bill, although four MPs abstained.
Two days earlier, the Duma’s committee on information policy approved amendments to the bill in its second reading. The amendments make it possible to designate individuals as “performing the functions of a foreign agent” and thus on a par with legal entities. They can be deemed “foreign agents” if they create content for media outlets that have been designated “foreign agents” or distribute their content while receiving foreign funding.
Media outlets already registered as “foreign agents” will have to establish Russian legal entities in order to operate in the Russian Federation. In addition, they must mark their content as having been produced by a “foreign agent.” Leonid Levin, chair of the Duma’s information policy committee, promised the law would not been used against bloggers and current affairs commentators. Individuals would be designated “foreign agents” by the Justice Ministry and the Interior Ministry, which Levin argued would prevent “unreasonable” rulings.
In July 2012, the Duma amended several laws regulating the work of NGOs. The amendments obliged NGOs that engaged in political activities and received foreign funding to register as “foreign agents.” The NGOs were to indicate this designation on their websites, for example, and provide regular financial reports. There are currently over seventy organizations in Russia registered as “foreign agents.”
Thanks to Marina Bobrik for the heads-up. Translated by the Russian Reader
The law on individual foreign agents is innovative in the sense that the people who drafted it and pushed it have not disguised the fact it is meant to be enforced selectively. Certain critics have even remarked that this is a good thing: only a few people will be affected. I think they are wrong, but I wanted to talk about something else. It is no secret that laws are enforced selectively in Russia, but so far none of the laws that have caused a public stir has been meant to be enforced selectively. Now that has changed. A law that is selectively enforced is clearly no law at all, but a specimen of lawlessness, and so the new law is anti-constitutional. Unfortunately, it is pointless to challenge the law in the Constitutional Court, and not only due to the court’s peculiarities. After all, the authorities have not hidden their intentions and motives, but nor have they admitted them aloud. It is their usual M.O., the old “you just try and prove it” gambit. In fact, a good response would be a barrage of lawsuits petitioning the authorities to designate as “foreign agents” public loyalists they would have no wish to hurt, but who are 100% guilty if the letter of this law were obeyed. However, the human rights movement, which could take up this cause, has been defeated, in particular, by the previous laws on “foreign agents.” The way to lawlessness is thus open.
Translated by the Russian Reader