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Resettlement of Chechen refugees and international law: A brief view

Marta Míšová, special to Prague Watchdog

By adopting active measures aimed at displacing persons of Chechen nationality and closing down the camps in the territory of Ingushetia, the Russian Federation violates binding international laws – no matter how the current situation in the region is legally qualified.

Human rights law has been violated in the first place. It lays down the freedom of movement and residence including, among others, “the right to liberty of movement and freedom to choose his residence” (Art. 12, § 1 of the International Covenant on Civil and Political Rights and Art. 2, § 1 of the Protocol No. 4 to the European Convention for the Protection of Human Rights and Fundamental Freedoms). This right is subject to such limitations only that are defined by the law, that are necessary to protect national security, public order, public health or morals, the rights and freedoms of others (Covenant and Convention), protect public security or prevent crime (Convention).

The effort to carry out a collective displacement of a certain group of inhabitants (envisaged by the document of a political nature - "Plan Of Activities of Federal Bodies of Executive Power, Government of the Republic of Chechnya, Government of the Republic of Ingushetia on final measures for return of IDPs from Ingushetia to Chechnya”" - May 2002) under the circumstances which the government has described as stabilized, does not meet the conditions mentioned above and thus violates both the Covenant and the Convention. Since the measures apply to a certain category of persons defined mostly on a national principle, it may be possible to enforce Art. 14 of the Convention (together with Art. 2 with Protocol No.4) which prohibits “discrimination on any ground such as (…) national (…) origin, association with a national minority (…)”.

Apart from human rights law, international humanitarian law might be applied if the situation in the region was qualified as an armed conflict. International humanitarian law explicitly prohibits “the displacement of the civilian population (…) unless the security of the civilians involved or imperative military reasons so demand” (Art. 17 of Protocol Additional II to the Geneva Conventions) in case of an internal armed conflict of a higher intensity. In case of an internal armed conflict of a lower intensity it orders that the “all persons who do not take a direct part (…) in hostilities (…) be treated humanely, without any adverse distinction (...)” (Art.3 common to the four Geneva Conventions).

The third category of international law that undoubtedly applies to the present situation is of a soft law nature, however, its importance continues to grow. It includes the Guiding Principles on Internal Displacement presented in April 1998 by the UN Secretary General´s Special Representative for Internally Displaced Persons, Mr. Francis M. Deng. The document, which upon its birth received support from 50 countries, prohibits any discrimination (principle 4), declares liberty of movement and residence including the right to choose the place of residence (principle 14). It also guarantees the internally displaced persons - who, the Russian Federation has acknowledged, the Chechen refugees are - “the right to be protected against forcible return or resettlement in any place where their life, freedom and/or health would be at risk” (principle 15).

It is obvious that the Russian Federation with its recently adopted measures against Chechen refugees in the Ingush territory has violated quite a number of international laws. The extent to which these laws are applicable as well as the legal consequences of the steps taken by the Russian authorities may be subject to a discussion. In any case the lawfulness of these actions can hardly be defended, and the Russian Federation should reassess them as soon as possible.

(O/T)