PART ONE
GENERAL INFORMATION
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Ukraine is the largest European State with complicated ethnic and political history and a wide variety of political, economic, social and cultural conditions in different regions. The generalized information can not always provide with real facts on observance of human rights in a separate regions concerning a certain national or ethnic groups. Namely, it is going toward such specific region of Ukraine as Crimea and, particularly, in connection with Crimean Tatars, who are the Indigenous People of Crimea.
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Ukraine is the largest European State with complicated ethnic and political history and a wide variety of political, economic, social and cultural conditions in different regions. The generalized information can not always provide with real facts on observance of human rights in a separate regions concerning a certain national or ethnic groups. Namely, it is going toward such specific region of Ukraine as Crimea and, particularly, in connection with Crimean Tatars, who are the Indigenous People of Crimea.
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Nevertheless the facts included in this report were submitted from different sources. Partially they are found through an expert analyses, partially they are presented by the specialists, partially they are searched by International Agencies through the sociologic pools (the most important is Social Assessment of the Formerly Deported Population in the Autonomous Republic of Crimea: A Participatory Rapid Appraisal by UNHCR, Regional Bureau for Europe, European Series, Volume 4, No l, April 1998.), partially these facts were identified through personal practice. Anyway if it is necessary all these facts may be proved with the documents or evidences in Crimea.
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The situation is described as existed on May 1, 1999.
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THE CRIMEA
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The Autonomous Republic of Crimea is located on Crimean peninsula (the northern coastline of Black Sea) and occupies a whole territory except the city of Sevastopol.
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The Autonomous Republic of Crimea - is a specific region of Ukraine, which since 1991 has become different from others by its status, so � called territorial autonomy, while other regions - are ordinary territorial units. There is its own representative institution - Supreme Council of Autonomous Republic of Crime and its regional government � Council of Ministers of Crimea. The Autonomous Republic of Crimea has its own Constitution in accordance with the Constitution of Ukraine. In 1996 the population of Crimea constituted about 2.69 mln. persons.
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Despite that the autonomy is legally considered territorial one, in fact it is the autonomy of Russian majority of the Crimean population though (1,5 mln. persons or 64 % of the population). Russian population of the Crimea consists mainly of the settlers brought in after the deportation of the Indigenous People - Crimean Tatars by the Government of the former USSR in 1944.
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Another large strata of the population are Ukrainians - (0,6 mln. persons or 23 per cent of the population). The third part are Crimean Tatars, who in period of so - called Perestroyka, at last, received the opportunity to return home from the cites of deportation, where they were forcibly deported by Stalin regime in 1944 (mainly to Central Asia).Currently, Crimean Tatars constitute 0,27 mln. persons or 12 % of the population.
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The central Government of Ukraine, on the whole, controls a situation in Crimea. However, mainly regional authorities determine the position of Crimean Tatars. The Government of Ukraine practically does not interfere in assertion of the principles of racial, national or ethnic equality towards Crimean Tatar People.
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CRIMEAN TATARS
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Crimean Tatar People is a fusion of; 1) ancient and aboriginal tribes of Crimea (Tavrs, Scythians, Sarmatians) that had been populating the peninsula as long as B. C.; 2) some alien European ethnic groups (Goths, anchient Greeks, Genoeses) had been settling here during the I-XIV centuries; and 3) Turkic origin tribes of the Northern Trans-Black Sea Region (Bulgars, Hazars, Pechenegs, Kumans) who had mingled with a forming composition of the people in the first century AD and comprised some mixture of emigrants from Central Asia brought there by Huns and later through Chingis-Khan's (Mongols) invasion. The evidence of autochtonousity of Crimean Tatars is proofed both by their anthropology, mainly European, and culture, organically harmonizing with general traditions of Mediterranean and Middle East's cultural heritage.
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"So they are (a)descent from the populations which from time immemorial inhabited certain geographical regions of Ukraine in its present state boundaries; (b) preserving cultural, linguistic, religious group identity different from the identity both of the dominant nation and national minorities in Ukraine, and desire to maintain and develop such identity; (c) existence of own historical traditions, social institutions, self-government systems and bodies; (d) non-existence of the ethnically congener national state or homeland beyond Ukraine's boundaries.
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According to this definition, the Crimean Tatars are the only indigenous people in Ukraine". (Bill Bowring, "The rights of Indigenous Peoples: international perspectives", Migration Issues � Ukrainian Analytical � Informative Journal # 2, 1998, page 30)
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The Crimean Tatars, whose population by the end of XVII century had constituted 1,5-2 mln. people, were a sovereign nation in the Medieval Europe. Their National State - Crimean Khanate was the Southern neighbor of Ukraine. The Crimean Khanate's territory included not only Crimean peninsula but also almost the whole Northern coastline of the Black Sea assumable expanded up to Kishenyov - Zaporozhye - Donetsk - on the North, and to Don River on the East.
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Crimean Khanate was a sovereign state, which had been in political and military alliance with Ottoman Empire (it might remind relations between Scotland and England till XVII century). It had independently conducted both internal and foreign affairs. In particular, relations with Ukrainian Cossacks Republic - Zaporozhskaya Sich (Cossack Host) - are mentioned as an armed collisions and frontier clashes so decades � long military and trade alliances.
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The independence of Ukraine was completely demolished since Pereyaslavskaya Rada was established in 1654, when Russian Empire taking advantage of the political and military agreement with Bogdan Khmeinitski, Hetman of Ukraine, step by step occupied and abolished Zaporozhskay Sich (Cossack Host).
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129 years later Crimean Tatar Khanate had lost its sovereignty. Under the Peaceful Treaty which was concluded in Kuchuk - Kaynardzhi, after one of the Russian - Turkish Wars, Crimean Khanate allied with Ottoman Empire, but at the same time its independence was guaranteed both by Turkey and Russia. In 1783 having occupied the territory of Crimean Khanate, the Russian Empire broke off the Treaty and declared Crimea to be a part of the Russian Empire. Thus, Russian annexation of the Crimea was realized.
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Prior to the Russian annexation, Crimean Tatar people had already been existing as an ethnic and political identity with its linguistic peculiarities, specific life style and social structure based on the centuries - of old cultural and political institutions of its ancestors.
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Repression and annihilation of some stratas of Tatars' population, partial displacements and deportations, expropriation of the land and property and other forms of the colonial oppressions resulted in the fact that by 1921 the population of the Crimean Tatars residing on their homeland had decreased to 150 thousand turning the people into minority (25 % of total Crimean population). At that moment about 50 % of whole population constituted Russian colonists and 25% - Germans, Greeks, Checks, Estonians, Poles, Bulgarians, etc. brought here by the Tsar's government from the countries of the West Europe. Along with it, the Crimean Tatars residing outside of the Crimean peninsula were a subject to genocide. Those, who survived, moved to the present�day Romania and Turkey. As a result, by the beginning of the 20th century the Crimean Tatar population might be found only on the Crimean peninsula.
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After the collapse of the Tsar regime in February, 1917, the National Crimean Tatar Congress (Kurultay) was convened. The Crimean Tatar leadership made an attempt to restore national statehood through declaring People's Democratic Republic of Crimea. In 1918 by the invasion from the base of Russian Black Sea Fleet in Sevastopol, which had been controlled by the Bolsheviks of Russia, almost all leaders of the national movement were killed, and one more time Crimean Tatar people underwent mass terror.
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During the Civil War in Russia there were different regimes, including German and Vrangel troops' occupations, in Crimea. In 1921 Communists completely won the Civil War. Taking into account sustained resistance of the underground national � liberal movement, Soviet authorities tried to compromise with Crimean Tatar People, strongly intending to restore its national statehood. On October 18, 1921 the Council of People Commissars of Russia had adopted Decree about establishment of the Soviet Socialistic Republic of Crimea. Crimean Tatar and Russian languages were declared to be State languages in the Republic. Thus, the Crimean Tatar National Autonomy, within the Soviet Federative Socialistic Republic of Russia, later the USSR, was legalized.
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Nevertheless, the Central Soviet Government was adamant to annihilate Crimean Tatar People totally. As a prologue to the intention the Crimea had been forcibly settled with Russian settlers brought in from the different oblasts (regions) of Russia and the leadership of the Autonomous Soviet Socialistic Republic of Crimea, being accused of anti-soviet propaganda and nationalism, had been severely murdered for several times.
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Another available reason for the ethnic cleancing of Crimea was committed during the World War II. After German troops were mainly defeated on the territory of Crimea by Soviet Army, a secret Decree titled �About Crimea Tatars� was adopted by State Committee of War of the USSR on May 11, 1944. Crimean Tatars were accused of collaboration with Nazi troops and sentenced to en masse deportation to the distant sites of Russia and Middle Asia. On May 18, 1944 the whole people was exiled within 24 hours by military units of the USSR. As the male population was recruited for military service in the Soviet Army it was mainly kids, women and old persons who had suffered from the deportation. The exile of 1944, committed by Soviet Government, had separated the indigenous people from their historical motherland for more than 50 years. Moreover, 46% of the Crimean Tatar people died during the first years of the deportation. From 1944 till 1956, all of the those who had pulled through, were detained in special confinement settlements, where living conditions were close to those in the concentration Camps.
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Thereupon in 1946 Soviet government, notably the Supreme Council of the USSR legally abolished the Autonomous Soviet Socialistic Republic of Crimea, which had been converted into ordinary administrative unit - Crimean Oblast (region). At the same period the Criminal Code was modified by adding a provision that escape from the places of the exile was punished with the 25 years of the hard labor.
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In 1954 by the Decision of the Presidium of the Supreme Council of USSR the Crimean Oblast was moved out of the jurisdiction of Russian Soviet Federative Socialistic Republic and transferred to the Ukrainian Soviet Socialist Republic as its administrative unit.
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Legal procedure was as follows. On the 5th of February, 1954 the Presidium of the Supreme Council of the Russian Soviet Federative Socialist Republic had made a decision to transfer the Crimean Oblast to Ukrainian SSR. On the 19th of February, 1954 the Presidium of the Supreme Council of the Ukrainian Soviet Socialist Republic adopted that proposal of the Russia by its own Decision using the following words: "Presidium of the Supreme Council of Ukrainian SSR expresses cordial acknowledgement of thanks to the Presidium of the Supreme Council of Russian Soviet Federative Socialist Republic for this magnanimous noble act of the brotherly Russian People.
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Ukrainian People imbued with the feeling of satisfaction and gratitude will meet the decision about the transfer of Crimea into the composition of the Ukrainian SSR as a new bright manifestation of the endless confidence and sincere love of the Russian People to Ukrainian People, a new evidence of the indissoluble brotherly friendship between Russian and Ukrainian peoples". On 19th of February, 1954 the Presidium of the Supreme Council of the USSR approved this transfer through its own Resolution.
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In order to understand and evaluate this act it is essential to pay attention to the fact that Crimean Tatar People in this period was totally detained far away from Crimea in the concentration camps in Russia and Central Asian republics of the USSR. And this detention had been lasted till 1956. However, even after the abolition of the concentration camps, the Crimean Tatars were strictly prohibited to return to Crimea. Ukrainian authorities of that time played an important role in preventing the repatriation of the deportees.
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At that time Soviet authorities had actively continued its policy of resettlement of Crimea by the ethnic Russians from the inner sites of Russia. It was 370 thousand persons in Crimea after the World War II and the deportation, whereas in 1990 (by the moment of mass repatriation of Crimean Tatars to their Motherland) the population of Crimea had grown up to 2.5 mln. persons. Only from 1967 � 1987 about 1.5 mln. persons were driven to Crimea. Thus, 90% of the Crimean population are the settlers brought in here after the deportation or their children. Through out the time the Soviet Government, in particular, the top Communist party leadership, suppressed all the endeavors of Crimean Tatars to come back to Motherland. Tens of thousand of families, trying to return to Crimea, were repeatedly evicted, thousands were accused of violation of the residence regulations and thrown into prisons or mental hospitals. Hundreds were accused of anti soviet propaganda and incarcerated for many years.
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Since in 1954 the Crimean peninsula was brought under Ukrainian jurisdiction Ukraine has been responsible for such a kind of violations. Despite that Ukraine was one the founders of the UN, and ratified the International Charter on Human Rights, its law enforcement agencies and courts were primarily involved in the post-deportation discrimination. The repression had been carried out on the base of legislation and administrative practice of the Soviet Socialistic Republic of Ukraine. The recent Crimean Tatar hearings on violation of the residence regulation had been handled in 1982-1983. The Criminal cases brought against squatting by the repatriates had been considered in courts in 1992. In 1990 � 1992 local authorities destroyed newly constructed Crimean Tatar settlements.
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Present-day Ukraine legally declared to be a successor of the USSR and Soviet Socialist Republic of Ukraine what was particularly manifested in considering the transmission and possession of the territory of Crimea as a legally based act which was realized in the time of the USSR and in accordance to its legislation. At the same Ukraine has been evading responsibility for being privy to the restriction of Crimean Tatar repatriation to Motherland, as well as violations toward many persons, that contradicts to its International obligations. Moreover Ukraine - as a successor of the USSR - avoids responsibility for the restoration rights of Crimean Tatar People, brutally violated by the deportation of 1944.
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In the period, preceding to its independence - 1990 - 1991 � Ukraine had carried out some legal measures aimed at the elimination of the very possibility to restore rights of Crimean Tatar People who returned to their historical motherland.
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In the period of Glasnost (Openness) and Perestroyka, the Soviet Government failed to apply direct repression against Crimean Tatars returning to their Motherland. By 1990 the number of Crimean Tatars, who had returned from the sites of deportation to Crimea (Ural, Uzbekistan, Tadzhikistan, Kazakhstan, and Kirgizstan) had reached 40 thousand persons. In political respect Crimean Tatars demanded the restoration of the Autonomous Socialistic Republic of Crimea as a national and territorial Autonomy of Crimean Tatar People. If all the deported Crimean Tatars could return to Crimea they would have constituted about 20% of whole population, so it would be equated to the percentage of 1921. Moreover, at first in the USSR, now in Russia there are many national autonomies of those peoples who are in the minority on their own motherland (Bashkirs, Udmurts, Komi, Hakasians and so on).
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Thus, the claims were not ungrounded. However the Ukrainian leadership conducted the Referendum among the Russian - speaking population (January of 1991) concerning the Status of Crimea and approved its outcomes. Afterwards, some corresponding amendments were brought into the Constitution of Ukraine, so that the Republic of Crimea was established, as a supposedly territorial Autonomy. But in fact it became the Autonomy for the Russian speaking settlers, deliberately brought in Crimea to prevent the repatriation of Crimean Tatars. Crimean Tatars boycotted the referendum and opposed its results. However, Ukrainian Government ignored the protests, after all. By doing so the top leadership of Ukraine laid a ground for the local authorities to act against Crimean Tatars, about what the facts will be given below.
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At the end of 1998 the President and Parliament of Ukraine approved the Constitution of the Autonomous Republic of Crimea, drafted by Verkhovna Rada (the Parliament) of Autonomous Republic of Crimea without participation of Crimean Tatars and inspite of their protest campaign. Since the moment the issue of legal restoration of the Crimean Tatars' rights had appeared in question, so as any Ukrainian law concerning the Crimea has to be brought into line with its approved Constitution. Crimean authorities, representing the Russian-speaking majority, have earned a carte blanche for first-law and forcible assimilation of Crimean Tatar people.
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The Law on National Minorities of Ukraine is absolutely not enough to guarantee the realization of the Human Rights of Crimean Tatar people because it define only some cultural and linguistic rights but not political, economic and social ones. On the other hand this law provides the rights of the minorities who are the majorities in any region in fact. Crimean Tatars are practically in minority in all administrative districts of their Motherland, in the smallest ones. However the Government doesn't want to consider the situation and undertake an adequate measures.
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The legal ways for this policy now are:
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the announcement the Crimean Autonomous Republic so called territorial autonomy populated by so called Crimeans whose will constitutes the source of the legislative and administrative power in Crimea. Crimeans really means Russians �speaking settlers who occupied the territory of Crimean in absence of the Crimean Tatars and now constitute 64 % of population;
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the establishment of only two official language in Crimean Autonomous republic Ukrainian and Russian. The usage of other languages in public life is allowed only if a certain national group is in majority. However, the Government knows that Crimean Tatars practically are in minority everywhere in Crimea. Before the deportation of 1944 Crimean Tatar language was one of the State languages in Crimean Autonomous Soviet Socialist Republic (another one was Russian). But Government prevents to restore that practice;
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the establishment of the simple major system in elections, what allows the Russian majority to prevent the appearance of the winners among the Crimean Tatars candidates even in the districts where Crimean Tatars are represented in a major section of the voters. For the comparison, before the deportation of the Crimean Tatars constituted about 1/3 of Crimean Supreme Council members;
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the preservations against the amendment of Crimean Constitution which means that any measures to restore or to promote the Human Rights of Crimean Tatar People will be prevented by the Crimean regional Parliament because it will affect the interests of Russian majority in this parliament.
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Now formally Ukrainian Government has lost a possibility to do something because it is not in accordance with the Crimean Constitution, which shouldn't be changed.
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