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International law and Ukrainian legislation in area of indigenous people, national minority rights protection and human rights

Elvedin CHUBAROV,
historian, director of Foundation,
"Krimskatatarskaya initsiativa" (Simferopol)

THE REVIEW OF PROBLEMS ON INEQUALITY AND DISCRIMINATION IN UKRAINE.
THE AUTONOMOUS REPUBLIC OF CRIMEA.*

Under the Stability Pact for South-Eastern Europe

I. Introduction: features of ethnic situation in Autonomous Republic of Crimea.

According to the refined data of all-Ukrainian census on December 5, 2001, a population of the ARC constituted 2033000 persons. The Autonomous Republic of Crimea takes the eighth place as regards a number of populations in other regions of Ukraine. A portion of population of Crimea is 4,2% of total number of population in Ukraine.

A density of population of the ARC is 78 persons/square km., on average in country 60 p./square km. (For comparison, the highest density of population in Donetsk oblast – 183 p./s. km., and the least in Chernihovsk oblast – 39 p./s. km.,).

According to the all-Ukrainian census in 2001, a number of urban population constitutes 1274300 persons or 62, 7 % and rural one – 759000 or 37, 3%.

The ethnical composition of population is characterized by next figures:

(in table were included an information on nationalities, which portion in total number of population of the ARC is not less than 0,1%.):

   

Nationality

Number, thousand person

In % to sum total

2001 in % in comparison with 1989

2001

1989

Total

2024,0

100,0

100,0

99,4

Russians

1180,4

58,5

65,6

88,4

Ukrainians

492,2

24,4

26,7

90,5

Crimean Tatars

243,4

12,1

1,9

in 6,4 times more

Byelorussians

29,2

1,5

2,1

68,9

Tatars

11,0

0,5

0,5

116,2

Armenians

8,7

0,4

0,1

in 3,7 times more

Jewry

4,5

0,2

0,7

30,2

Poles

3,8

0,2

0,3

70,9

Moldavians

3,7

0,2

0,3

68,8

Azerbaijanians

3,7

0,2

0,1

173,0

Uzbeks

2,9

0,1

0,03

in 4,6 times

Koreans

2,9

0,1

0,1

122,6

Greeks

2,8

0,1

0,1

112,0

Germans

2,5

0,1

0,1

116,3

Mordvinians

2,2

0,1

0,2

55,2

Chuvashs

2,1

0,1

0,2

57,1

Gypsies

1,9

0,1

0,1

113,1

Bulgarians

1,9

0,1

0,1

103,7

Georgians

1,8

0,1

0,1

121,9

Maries

1,1

0,1

0,1

62,2

 

At the same time, according to the official information of the Ministry for Internal Affairs of Ukraine, on February 1, 2002, in Crimea lived 258600 formerly deported Crimean Tatars, including deported Bulgarians - 306 persons, Armenians – 320, Greeks – 1865, Germans – 536.

According to the information of the Republican Committee on Nationalities and Deported Citizens of the ARC (Reskomnats of the ARC), in Crimea live 263000 Crimean Tatars (under operative information of state executive committees and regional state administrations 265000) including 4000 deported Armenians, Bulgarians, Greeks and Germans.

As one can see, a difference in information on number of Crimean Tatars, who have returned for permanent residence in the ARC, fluctuates very much from 15000 (information of the Ministry for Internal Affairs of Ukraine) to 20000 (information of Reskomnats of the ARC).

Concerning a difference in number of Armenians, Bulgarians, Greeks and Germans, that one should take into account that the bodies of the Ministry for Internal Affairs and Reskomnats of the ARC take into account only a number of representatives of mentioned formerly deported national minorities, while in all-Ukrainian census were included  all representatives of mentioned ethnical groups.

As a whole, a portion of formerly deported citizens in composition of the population of the ARC (without Sevastopol) amounted to 12,1%.

In Bakhchisarayskyi, Kirovskyi, Pervomayskyi and Sovetskyi regions of Crimea it constitutes from 24 to 29%, in Belohorskyi – 32 % of total number of inhabitants. The least number of repatriates lives in Yalta, where their portion is 1,1%, in Kerch – 1,2%, in Alushta – 3,3%, and in Feodosia about 4%.

A number of Crimean Tatars in Crimea continues slowly to increase, thus, in 2001, 3000 Crimean Tatars moved to Crimea. Only in Uzbekistan now live 9000 Crimean Tatars, who obtained Ukrainian citizenship through the Ukrainian Embassy, and are gradually moving to Crimea. According to the information of Reskomnats of the ARC, a movement of formerly deported Armenians, Bulgarians, Germans was practically stopped. On the contrary, some of them leave Crimea especially for Bulgaria and Germany.

At the same time, in contrast to Crimean Tatars, not all of the ethnical Armenians, Bulgarians, Greeks and Germans living in Crimea, are formerly deported persons. Thus, in accordance with the all-Ukrainian census, a total number of Bulgarians is 1900 persons, of them only 16,1% are deported persons. Of 8700 Armenians – 3,7%, of 2800 Greeks – 66,6% and of Germans – 21,4%.

According to the Law of Ukraine “On national minorities in Ukraine” (was adopted in 1992) to national minorities “belong the groups of Ukrainian citizens, who are not Ukrainians by nationality, and show a feeling of national self-consciousness and commonality”.

At the same time, the Constitution of Ukraine (was adopted in 1996) says: “State promotes to consolidation and development of Ukrainian nation, its historical consciousness, traditions and culture, including a development of ethnical, cultural, linguistic and religious originality of all indigenous peoples and national minorities”.

Unfortunately, from the moment of adoption of the Constitution of Ukraine, in effective legislation was not made further explanation of legal definitions such as “Ukrainian nation”, “indigenous peoples”, and “national minorities”. Though, for objectivity one should to note that some attempts to develop the legal documents, which would fix the mentioned definitions, are periodically taken by experts and some people’s deputies, one will say about it below.

As a rule, the questions on national-cultural development of Armenians, Bulgarians, Greeks and Germans of Crimea are represented through national-cultural associations of mentioned national minorities. Often, through activity of national-cultural associations these ethnical communities represent their social-political interests. As Crimean Tatars, the Armenians, Bulgarians and Germans, who are resettling in Crimea as repatriates, there are a lot of problems of social-economic character, which reflect on situation of their inequality.

However, there are significant differences. Formerly deported Armenians, Bulgarians, Greeks and Germans, had no so organized national movement for restoration of the rights in places of deportation as Crimean Tatars. In this connection, in period of a mass repatriation (the end of 1980s – begin of 1990s) they were not able to influence significantly on a solution of repatriation’s questions of their compatriots.

On the other hand, the mentioned ethnical communities had no so mass return of their compatriots. In contrast to a majority of Crimean Tatars, who returned without assistance to Crimea, formerly deported Armenians, Bulgarians, Greeks, Germans and their progeny, have connected an opportunity of own movement with level of given conditions for their resettlement.

It is also important that the repatriates of formerly deported Armenians, Bulgarians, Greeks and Germans practically didn’t enter into open discussion with governmental bodies on political organization of vital activity of Crimean society.

Thus, a regional power in practical police (especially in the late 1980s and during 1990s), which frequently using this circumstance, cultivated a reprehensible attitude towards Crimean Tatars, who take more active position in assertion of their rights and solution of the problems. On the one hand, a stressing by Crimean authority more loyalty of Armenians, Bulgarians, Greeks and Germans, was directed on forming of a negative image of Crimean Tatars, and artificial contraposition of legal interests and rights of the Crimean Tatar people to interests of repatriates of Armenians, Bulgarians, Greeks and Germans.

On the other hand, a similar tactics of contraposition has been allowed the Crimean authorities to avoid a solution of actual problems of all repatriates.

Crimean Tatars, Karaites and Krimchaks belong to indigenous population of Ukraine, because only at territory of Crimea (the part of modern Ukrainian state) as a result of very complicated ethnical processes, they were formed (almost, at the same time, as Ukrainians), as separate ethnoses.

The autochthonism of these peoples was scientifically proved. An understanding by Crimean Tatars, Karaites and Krimchaks their indigenous origin has a stable reflection in their national self-consciousness.

Since 1991, Crimean Tatars, except social-political organizations, have a developed system of the bodies of national self-government. The Supreme Body in this system is the Kurultay of the Crimean Tatar people – National Assembly, which delegates are elected under the well regulated democratic procedures for a term of 5 years. At session of Kurultay is elected the Mejlis of the Crimean Tatar people. It is the Supreme Plenipotentiary Body of the Crimean Tatar people between sessions of Kurultay and consists of 33 members. Kurultay and Mejlis rely in their activity on regional and local mejlises, which are elected by Crimean Tatars in regions and settlements of their residence.

The bodies of national self-government consider and solve different questions of Crimean Tatars within their competence, including in active cooperation with governmental bodies: social-economical development, education, culture, language, religion, participation in elections, citizenship and so on. Kurultay and Mejlis formulates and represents the national interests of the Crimean Tatar people, and develop the political documents, which express their position on actual problems of national development. They also submit own variants of draft legislative acts for solution of the problems for consideration by the Verkhovna Rada of Ukraine and Verkhovna Rada of the ARC.

The Decree of the President of Ukraine, from 18 May 1999, established the Council of Representatives of the Crimean Tatar people under the President of Ukraine, which has a statute of consultative body. All members of the Mejlis of the Crimean Tatar people entered in the Council. At the sessions, which are invited the heads of ministers and departments, law-enforcement bodies and regional authorities; the Council considers the questions on realization of state programs and decisions concerning the Crimean Tatar people. A majority of meetings were held with direct participation of the President of Ukraine.

However, as note the members of Council at the meetings, the instructions of the President of Ukraine, which he gave after meetings, including decisions of the Cabinet of Ministers of Ukraine, are not fulfilled by officials of different levels that give cause to say about their discrimination behavior and deliberate sabotage of realization of decisions on Crimean Tatar problems.

In Ukraine in 1995-97s was made effective work directed on solution of a part of questions, connected with restoration and further providing of the rights of Crimean Tatars. One can consider as the most important step bringing in text of three articles of the Constitution of Ukraine a definition “indigenous peoples”.

Besides, 16 April 1987, the Verkhovna Rada of Ukraine approved the Law on making changes in the Law of Ukraine on citizenship of Ukraine, which significantly simplified a procedure on obtaining a citizenship of Ukraine by Crimean Tatars and other deported peoples and their progeny.

The executive power also took a lot of efforts for regulation of the Crimean Tatar issue, in particular, on August 11, 1995, the Cabinet of Ministers adopted the Resolution #636 “On measures concerning a solution of political-legal, social-economical and ethnical problems in the ARC”.

In 1996-1997s in accordance with above mentioned Resolution of the Cabinet of Ministers of Ukraine #636 from 11 August 1995, was established the Work Group of the Ministry of Justice of Ukraine, in which entered People’s deputies of Ukraine, scientists and independent experts of NGOs. The Work Group prepared a draft “Conception of a State policy of Ukraine concerning indigenous peoples” and draft Law “On statute of the Crimean Tatar people”.

Unfortunately, the adoption of the mentioned drafts was blockaded by the Verkhovna Rada of Ukraine.

An importance of development of the mentioned drafts was caused that the Law of Ukraine on national minorities, and other legislative acts didn’t take into account in full measure the features of ethno-political, ethno-demographic and migration situation in Ukraine, in particular, a presence of ethnical groups, which in accordance with the criteria and norms of modern international law can obtain a statute of indigenous peoples.

Another very important factor of actualization of legislative activity became that in text of the Constitution of Ukraine was firstly implemented a definition “indigenous peoples”. In i.3 article 92 was stressed that the rights of indigenous peoples are defined by laws and legislative acts of Ukraine. Namely, it was caused a necessity to develop the conception of a State policy of Ukraine in sphere of indigenous peoples’ rights, development and adoption of appropriate laws.

In accordance with effective norms of modern international law, the objective criteria in definition, namely, what kind of ethnical groups belong to indigenous peoples, should be considered: a) origin from ancestry, who inhabited long since the certain geographical regions of Ukraine within its present boundaries; b) preservation of cultural, linguistic, religious group identity, distinctive from identity as titular ethnos, as national minorities of Ukraine, and aspiration to preserve such identity; c) existence of own historical traditions, social institutions, systems and bodies of self-government, other traditional institutions; a lack of kin state or motherland outside the Ukraine. In all of the international-legal documents concerning indigenous peoples was stressed, it is necessary to take into account except a number of objective criteria, and so-called subjective criterion that is a self-identification of members of this group. In the Convention of ILO No 169 and research of the well-known UN expert Martinez-Kobo a self-identification was named as “fundamental criterion” of belonging to indigenous peoples.

Thus, the ethnical group, which corresponds to all of the above mentioned criteria of belonging to indigenous peoples, is the Crimean Tatar people. Its bodies of self-government – Kurultay (National Assembly), which adopts the decisions on the most important questions for the Crimean Tatar people, and Mejlis, which is elected at sessions of Kurultay and which is the Representative Body between sessions of Kurultay. The question on other ethnical groups – Karaites and Krimchaks – also can be considered in context of indigenous peoples of Ukraine. However, it is necessary for giving such statute, first of all, their self-determination, and their desire to obtain such statute, and also an establishment or renewal by them their traditional cultural or social institutions and structures of self-government.

The Draft “Conception of a State policy of Ukraine towards Indigenous peoples” latter was transformed in the Conception of a State ethno-national policy. In Recommendations of the parliamentary hearings “The problems of legislative regulation and realization of a State policy on providing of rights of the Crimean Tatar people and National Minorities, who were deported and are voluntarily returning to Ukraine” from 20 April 2002, in i.1 for the Cabinet of Ministers of Ukraine was noted: “To finish a development and submit for consideration by the Verkhovna Rada of Ukraine the draft Law on a State ethno-national policy, which provided for a complex of legal and ethno-political basics, approaches and managing actions directed on realization of constitutional provisions concerning the rights of indigenous peoples, national minorities and return of deported peoples”.

This recommendation was repeated already as instruction of the President of Ukraine after meeting of the Council of Representatives of the Crimean Tatar people under President of Ukraine on 15 May 2000. However, the draft Conception on a State ethno-national policy was not developed up to now. This, in one’s turn, makes difficulties for passing of the draft “On statute of the Crimean Tatar people”, which was submitted to the Verkhovna Rada of Ukraine, and was discussed in its committees, but was not submitted for consideration at plenary session.

Instead of it, the Cabinet of Ministers of Ukraine submitted for consideration by the Parliament of Ukraine, on November 1, 2000, the draft “On rehabilitation and providing of the rights of representatives of national minorities, who suffered repressions and were deported from Ukraine”. In spite of obvious tendency to make pronouncements for effect of draft, an idea itself on necessity of adoption of a special legal act directed on rehabilitation of persons of national minorities, was not supported by a majority of People’s deputies of Ukraine. First of all, the People’s deputies of fraction of the Communist Party of Ukraine strongly opposed the adoption of mentioned draft.1

Karaites and Krimchaks

Currently, in Ukraine live about 1200 Karaites (of them in Crimea about 800) and 650 Krimchaks. There are also the Karaites’ communities in Melitopol, Kharkov, Odessa, Lvovskyi oblast. Karaites also live in Russia (Moscow, Saint-Petersburg), Lithuania, Poland and France.

In XIX – XX centuries under tragic circumstances these peoples had great losses in number, ethnical originality, linguistic and religious spheres. Only for past century their number was reduced almost in 10 times. They lost their educational institutions and culture (currently, there is only one Karaite Sunday school in Crimea), temples, almost lost own language, being on the verge of disappearance, but keep still their national consciousness.

The above mentioned circumstances resulted that these peoples need a cautious and careful attitude to their language, culture, religious and spiritual life as on the hand of state, as other ethnical communities. They are in such situation, when already simply an indifference to them and their problems is a sign of discrimination and permanent inequality, because Karaites and Krimchaks themselves already have no inner potential for ethnical rebirth.

Became urgent an adoption of special legislative acts, which would be directed on preservation of these small peoples and their rich cultural heritage (for example, architectural buildings).

In Ukraine is effective the Resolution of the Cabinet of Ministers and appropriate Decree of the President of Ukraine concerning return of religious buildings to religious communities. Relying on them, the Karaites’ communities try to get a return of own temple complexes (as obligatory condition for return of temples is a presence of religious community, which is able to maintain these buildings). Crimean Karaites try very actively to return their national sacred place – Chufut-Kale. A position of state is that Chufut-Kale – a big museum complex and national property, which impossible to maintain by voluntary forces. Karaites are proposed such conditions, under which they would have an opportunity to use their sacred place, but maintenance and looking would be made by state. At the same time, a number of property problems until is not found a real solution yet. First of all, a kenassa in Simferopol, in which are placed some services of tele-radio companies “Krim” and two kenasses at territory of Bakhchisaray reserve.

The Religious Department of Karaites of Crimea legalized one's position and began its activity. It is finished a reconstruction of kenassa in Yevpatoria, was restored an altar, which is a historical value. The local inhabitant Tiriyaki celebrates in temple, who is considered by believers as a religious leader and minister of religion. A rebirth of culture and religion is promoted by research and publishing activities of Crimean Karaites.

As beginning of encouraging tendency is “The measures on State support for preservation of cultural heritage of Crimean Karaites and Krimchaks by 2005”, which were adopted by Cabinet of Ministers of Ukraine, on September 13, 2002. The document plans to create conditions for development of cultural wealth of Karaites and Krimchaks on principles of taking into account their interests and rebirth of originality, in particular, language, religion, traditions and historical-cultural heritage.

It is planned to organize by the Crimean branch of Institution on oriental studies by A.I.Krymskyi of National Academy of Sciences of Ukraine a work of permanent effective commission on research of historical and cultural monuments of Crimean Karaites and Krimchaks with attraction of representatives of NGOs. In a number of measures enter also: establishment of Work groups on preparation of textbooks in Karaite and Krimchaks languages; making archeological researches; creation of conditions for activity of teaching and educational institutions; publication of dictionaries, training having a special purpose for specialists of Crimean Karaites and Krimchaks by specialty “language and literature”; opening of museum exposition and Karaites’ ethnographical country. Also, the document provides for promotion of return of Karaites’ and Krimchaks’ cultural and museum values, which were removed from the Autonomous Republic of Crimea.

II. Social-economic sphere
2.1. The right for property and housing conditions

2.1.1. Compensation for lost property.

According to the official information from Crimea were deported in 1941 – 51000 Germans (totally from Ukraine 450000), in May 1944 – about 200000 Crimean Tatars, in summer 1944 – 11000 Armenians, 12000 Bulgarians and 14500 Greeks. All deportations were realized under decisions of state bodies of former USSR in illegal form. In basis of decisions were putted the far-fetched accusations and principle of collective responsibility. The deportations were realized in brutal forms, when died thousands peoples, and those, who survived, were forced to be for a long time in conditions of special settlements, when a life of these peoples were regulated not by laws, but by decisions of commandant's offices.2

Deportation of Crimean Tatars, Armenians, Bulgarians, Germans and Greeks made not only a great demographical, moral and humanitarian damage, but and huge material loses. There are approximate calculations of property, which was withdrawn from Crimean Tatars:

  • Over 80000 houses with property;

  • 127500 heads of cattle and 357000 heads of sheep and goats;

  • over 34000 hectares (78 455 units) of farmlands;

  • all reserve of foods, seed and feed for domestic animals;

  • having building material for repair of houses;

  • about 4000 tons of wheat, maize, barley, groats and other kinds of production;

  • over 2500 sets of harness, 1399 units of carts and a big number of other units of agricultural equipment;

  • 40000 tons of corns as supplies towards state purchase;

  • 95000 litres of wine;

  • 40 centners of tobacco;

  • 314 centners of dried fruits;

  • 43200 pieces of sheepskin;

  • 554 tons of fleece3.

Crimean Tatars lost also their land estates as farmlands, as the lands, which were forcibly removed in collective and state enterprises.

The significant cultural wealth was destroyed: 112 private libraries, 640 libraries in elementary and 221 – secondary schools, 200 libraries in collective farms, 30 – in regions and 60 – in cities of Crimea. The liquidated book fund in Crimean Tatar constituted about 25 mln., copies. Over 260 clubs, tens theatres, mosques were closed, which latter were converted into stables, different warehouses, shops or were fully destroyed, including 2400 cemeteries. It was destroyed a system of national education, theatre, material basics of researches and development in sphere of social-political sciences, history, archeology, language and literature. It was destroyed a whole system of high, secondary and elementary education in Crimean Tatar, including a whole system of cultural institutions. The remained cultural values were destroyed, plundered, and the rarest of them were withdrawn in big museums, archives of USSR.

In accordance with some information, an approximate material damage was caused to the Crimean Tatar people as a result of removal of all social-collective property, constitutes approximately, in prices of 1961, 1,4 milliards rubles, and only under accounted private property of Crimean Tatars were robbed on 2,5 milliards rubles4 (on that period an official rate of exchange of ruble on dollar was 60 kopecks). In first half of 1990s, the houses which belonged before deportation to Crimean Tatars, Armenians, Bulgarians, Greeks and Germans, were privatized by Russian-speaking inhabitants.

In Ukraine there are no laws on return of former property, it means, that formerly deported citizens and their progeny have no legal basics to demand from state to compensate or return a property, which belonged to them. For decades of struggle Crimean Tatars insisted on compensation by state that damage, which was caused to them during deportation. In conditions, when many elementary problems of repatriates are not solved, for example, housing, fair land allotment and so on, Crimean Tatars more emphatically put a question on necessity to return to responsibility of State for lost property. A development of appropriate draft on restitution of property with attraction of representatives of deported ethnical groups from Crimea would promote not only to solution of important and morbid social problem, but increase of prestige of State as well.

2.1.2.Land privatization

Basic data. Crimean Tatars, Karaites and Krimchaks as indigenous peoples of Crimea, by virtue of their particular relation with land, on which they were formed, have special rights for land and natural resources of Crimea. One began to violate these rights at once after annexation for whole period of its colonization, first by Russian Empire, than by USSR. According to the official archival information, during deportation were removed from Crimean Tatars 1194000 only plough-lands.

With return to Crimea because of a discrimination state policy hampering the resettlement of Crimean Tatars in places of their traditional living before deportation, they became mainly to settle in rural area of steppe regions of peninsula.

The basic forms of management in that period were collective farms and sovkhozes, which were agricultural enterprises with collective and state property, but, per se, the members of these farms were alienated from property, including land one. The administrations of these farms unwillingly affiliated Crimean Tatars in these enterprises because of different reasons: chauvinistic attitude, gradual reduction of production, lack of Ukrainian citizenship at repatriates, forthcoming agrarian reform, during which Crimean Tatars could pretend on a part of property. Moreover, before taken repatriates were discharged by administration, first of all, under pretence of a lack of work. There were often cases of forced discharge from agricultural enterprises by own request, which was caused by necessity to provide a family by real earnings.

The total number of population of Crimea (without Sevastopol) constituted 2033700 (under information of census in 2001), including rural population – 759400, of them 158300 Crimean Tatars – citizens of Ukraine (20,84%), but, taking into account non-citizens, a number of Crimean Tatars constitutes 188000 or 24,7% of rural population.

As one can see, a statistics is evidence also that about 75% returned Crimean Tatars, because of different reasons, including authorities’ own free will, settled in rural area (as a whole, a population of Crimea: urban-62,7% and rural-37,3%)

In accordance with other information, 71% Crimean Tatars settled in rural area and only 29% in cities.5

Taking into account a settlement of Crimean Tatars, for them a question on presence of own land, per se, is the question of survival for thousands families and providing future for their children, and the basis way for living. It is not taking into account a natural increase and approximately 150-200000 Crimean Tatars, who remain in places of deportation and plan to return to Motherland.

For reforming of agriculture and land relations was adopted the Decree of the President of Ukraine #720 from 8 August 19956.

From this moment appears an acuteness of question on fair land allotment for Crimean Tatars. The Decree and other adopting legal acts, which regulate a transfer of lands in private property, didn’t take into account the features of Crimean peninsula, namely, that Crimean Tatars are returning to Motherland from places of deportation settled mainly in rural area, most of them were not able become the members of collective farms and receive a right for land shares7.

The Decree also didn’t take into account a circumstance that repatriates once were mainly deported from villages being members of collective farms and who were not even formally excluded from them.

The acuteness of problem contributed that Crimean Tatars became to hold meetings and pickets because of injustice in process of land privatization.8 The final fixing of lands for those, who moved in Crimea in 50-60s meant for Crimean Tatars a loss of hopes for land, which belonged to their ancestry for many centuries.9 The Mejlis of the Crimean Tatar people took active position in solution of this question, which a lot of times submitted proposals on making changes and amendments in the Decree #720 from 8 August 1995 to different governmental bodies.

A position of the local Crimean authorities came to statement that there is no land problem in Crimea, and the land allotment for repatriates can be possible for account of land reserves. Actually, the authorities orientate very well in situation, knowingly went on retardation in solution of land problem for repatriates, citing on restrictions in legislation, thus contributed to progressive inequality in area of land privatization.10

The land question a lot of times was considered at session of Kurultay of the Crimean Tatar people11. The land problem a lot of times was discussed at meetings of Council of Representatives of the Crimean Tatar people with participation of the President of Ukraine12.

The first proposals on necessity of legislative solution of rights of Crimean Tatars for land in Crimea were not perceived by the authorities. In such situation, the Mejlis of the Crimean Tatar people proposed “to stop temporary a work and giving of official acts on right for private property of land throughout the Crimea, and to make an inventory of shared lands, and make addition in appropriate item of the Decree of the President of Ukraine #720 from 8 August 1995 or adopt some separate document that citizens, who returned from places of deportation and living in rural area, are to be included in lists for receiving of land share, to establish reserve fund for Crimean Tatars, who are temporally remaining in places of deportation, and than to begin a giving of official acts”13.

Same items were included in special appeal, which was adopted at 4th session of third Kurultay.14 Approximately similar things were said in joint appeal of S.Kunitsin, A.Korneychuk, M.Dzhemilev to the President of Ukraine15.

The bodies of executive power paid sufficient attention for solution of land problem, but an effectiveness of adopted decisions was very low. The main defect of adopted decisions became a permanent aspiration of executive power to solve a problem of allotment by agricultural lands for repatriates for account of land reserve and state reserve. On the one hand, a big vagueness in using effective legal and normative documents, which regulate land reform, and on the other hand, a giving an unrestricted right for bodies of local government in adoption of decisions concerning land, practically resulted to sabotage in implementation of all decisions, including the instructions of President on land allotment for repatriates.

A dissatisfaction by solution of land issue was stated also by participants of funeral meeting “Crimean Tatars were refused in satisfaction of very moderate demand to get in property an agricultural land at the rates equal to share, which were given for post deported settlers”16.

A situation with “land sharing” became to deadlock, because the Mejlis of the Crimean Tatar people in own next variants became to consider an opportunity of land allotment for Crimean Tatars within effective legislation – for account of land allotment of reserve, and reserve fund and unclaimed lands, - on condition that repatriates will be given a land share at the rate equal in percentage ratio to shares of citizens of other nationalities.17

At first session of IV Kurultay of the Crimean Tatar people (9-11 November 2001) the chairman of Mejlis of the Crimean Tatar people presented new corrected position of the Representative Body on land issue: “We don’t insist on re-sharing of land, if actually there is a sufficient number of lands to allot for Crimean Tatars in each region of Crimea proportionally their number, equal number of lands, which were allotted for Russian-speaking. However and a quality of land is to be equivalent. At the same time, it is necessary to reserve land, at least, for those Crimean Tatars, who already restored their Ukrainian citizenship, but under objective reasons while are not able to return to Motherland”.18

A corrected position of Mejlis issued that in each region of autonomy the undistributed lands are to be enough (in quantitative and qualitative attitude), to satisfy Crimean Tatars by land shares at the rate of average share in Crimea (5,1 hectares). In 10 of 14 regions of autonomy one can to fulfill such provisions without violation of effective legislation. There is a problem in Simferopolskyi, Bakhisarayskyi, Sudakskyi, partially, in Belogorskyi regions, where there is a high density of population, including a big number of Crimean Tatars, and land resources are restricted. Thus, it is necessary here to take nonordinary decisions, as at national, as regional levels.19

A complicated situation with providing for repatriates by land was formed in Dzhankoyskyi region, so the President of Ukraine putted on control a question on fair land using for Crimean Tatars.

Having sufficient number of land reserve and reserve fund here were formed the obstacles of subjective character, as a result on one adult of Crimean Tatar accounts on average 1,05 hectare of land, and on rural inhabitant of other nationality - 2,33 hectare (difference in 2,2 hectares).

It says that a land received only every second Crimean Tatar family. However, in some rural councils of this region only every third or fourth Crimean Tatar family received a land.20

The activity of Mejlis and personal instructions of the President of Ukraine promoted to gradual progress in regulation of land issue in Crimea. At the same time, a land issue remains as one of the most important for Crimean Tatars and their Representative Body – Mejlis. It was stressed in speech of the Chairman of Mejlis M.Dzhemilev: “…if we are not able to protect own legal rights in this question, that we will be found in very complicated situation not only ourselves, but also to create a big problems for future generations of own compatriots”.21

Land providing. Totally, 206000 citizens in Crimea received land certificates, which give a right for land share. Of them a right for land share received 22200 deported citizens (19,5%), of them only 2,8 – official acts on land. At the same time, a portion of owners of non-Tatar population having land shares is 47%. The average Crimean rate of share is 5,1 hectares, but regionally this index is changeable, being within 2,23 hectares in Bakhchisarayskyi region to 10,02 hectares in Chernomorskoye.

Totally, Crimean Tatars received 160000 hectares. However, in many cases this land was more inferior in quality, far from settlements, lower by fertility, and which requires significant investments. A half of Crimean Tatars used a right to receive two hectares of land for keeping personal peasant farm, which was given for them as formerly deported people equally with workers of social area.

Over 80% rural inhabitants of Crimean Tatars remained without land.22 Almost 115000 repatriates of able to work and pensioners have no right for land share, it means, they are lacking in opportunity to use and manage by land, which belong them equally with other citizens of Ukraine. Though it is known, that 75 % of land, which is cultivated in Crimea, before October revolution in 1917, belonged to indigenous people.23

Dynamics of land provision: if on the end of 1997 on average a disbalance of land provision of the Crimean Tatar people and the rest population was almost fivefold, that already in 2000 it became thrice-repeated. On January 1, 2002, a land provision of these groups was accordingly 1 and 2 hectares, by September 2002 for one adult repatriate, living in rural area, accounting 1,2 hectares against 2,4 hectares for rural inhabitant of the rest population (that is 50%).

Thus, in spite of some progress, a discrimination and inequality in land provision through participation in its privatization remains and has big scales.

The opportunities for solution of problem. In Crimea there are yet opportunities for increase of size of land shares for repatriates – representatives of national minorities in accordance with legislation of Ukraine. Currently, undistributed lands of reserve and reserve fund in autonomy, under the latest inventory, are 176,100 hectares of agricultural lands, including arable lands – 46,700 hectares. Besides, in temporary using and lease (from 1 to 3 years) are 59,500 hectares of agricultural lands. Not excepting also an increase of land reserve for account of involving of agricultural lands in two-kilometer near-shore zone. The area of these lands – over 18,000 hectares. For account of privatization of lands of state or any agricultural enterprises the fund of land reserve can be increased more than on 22000 hectares of agricultural lands. By initiative of the Republican Committee of Land of the ARC was developed a draft appeal of the Cabinet of Ministers of the ARC to prime-minister of Ukraine concerning privatization of 18 state enterprises. Another important aspect: the area of lands under unclaimed land certificates is 76,700 agricultural lands, but questions of transfer them in reserve land necessary to solve at legal level.24

Thus, for removal of present disbalance in providing of land shares for Crimean Tatar (if 10000 Crimean Tatars will return within the next years, who have obtained Ukrainian citizenship and who are yet outside the Crimea) and the rest population in Crimea, it is planned now to use undistributed reserve lands and reserve fund.

It is necessary additional 220000 hectares of land to remove faults in process of land privatization, and also a stopping of unkindly attitude and discrimination of Crimean Tatars on the hand of officials. Nevertheless will remain a problematical (under opportunities for land sharing because of its lack25) Crimean regions and openness of land issue for 150-200000 Crimean Tatars, who are going to return to Crimea, but who are yet in places of deportation in other states of CIS and being non-citizens of Ukraine.

2.1.3. Housing conditions

The problem of resettlement, including and housing providing (permanent and temporary) for formerly deported national minorities is one of the most difficult and primary. The basic part of state funds is used for its solution. A portion of deported Armenians, Bulgarians, Greeks and Germans in total number of repatriates is not too large – only 1,5%. For 8 years was allotted up to 20% budget funds out of the Program for return and resettlement of repatriates for the resettlement of them. In this connection, the housing and other problems of this part of repatriates have been faster solved. According to the statement of chairman of the Republican Committee on Nationalities of the ARC their resettlement is continued, but already it will be finished.

It shouldn’t be said about Crimean Tatars, whose weight among repatriates is 98, 5%/ Here the problems were faster accumulated, than be solved.

After return to Crimea, only about 100,000 Crimean Tatars were able independently to finish a construction of houses or purchase them. The houses and lodgings, which were constructed or purchased for account of state budget, have allowed to provide about 21,000 persons by housing.

At the same time, a number of Crimean Tatars, who have no own housing approximates to 120,000 personas, that is about 30,000 families (of 70,000), that is 43%. Of them almost 22,000 persons rent housing, and 14,000 live in hostels. In line on receiving of finished housing, which is constructed on budget funds, stand about 4000 families, who had rewrite under new introduced procedure from 15 March 1999.

For construction of individual housing for Crimean Tatars were allotted 47000 lots. The state bodies consider yet 7000 applications for receiving of lots for construction of own housing at South coast of Crimea and in Simferopol. A high cost of land and immovable property at South coast of Crimea, which was caused by very high profits of tourist industry, causes a corruption among State machinery of coastal cities and settlements and injustice in allotment of lots. Here it is directly felt discrimination towards Crimean Tatars, who wait for years the decisions of state bodies on receiving of land for construction of individual housing. Before deportation these settlements were inhabited mainly or completely by Crimean Tatars.

The basic part of Crimean Tatars made construction by own efforts without state support. However, because of an economical crisis, low living standard, lack of sufficient funds, thousand families were failed to finish construction. In this connection, about 22000 families live in unfinished houses on allotted lots. Because of a lack of funds, a construction of houses on 2820 lots (6%) was not even started.

2.2. Job placement

Entry in labour-market. In sphere of job placement is observed a hided discrimination on the basis of racial and national sign in the Autonomous Republic of Crimea. It is particularly characteristic the situations, when on same work simultaneously pretends Crimean Tatar and representative of other nationality (mainly Russian, Ukrainian or others). In overwhelming most cases, in spite of sufficient and not second professional and educational qualities, work experience, Crimean Tatar is refused under different pretexts.

When at enterprises or establishments took place a reduction of work places, first of all, Crimean Tatars leave the service. Discrimination in sphere of employment is observed in area of executive power, in law-enforcement and judicial bodies, security service, in big firms, big state enterprises, public health and education. Having 12 % in population of Crimea, “a number of Crimean Tatars in managerial staff machinery is not even 1%, in system of the Ministry of Internal Affairs and Office of Public Prosecutor is not more than 1 %, in Crimean department of Security Service of Ukraine”, as in period of Soviet regime, there are no Crimean Tatars. In system of public health and education a number of Crimean Tatars constitutes 3, 4 and 6 per sent. Nobody of Crimean Tatars is a head of Regional Administration, mayor of any city or settlement”.26

Besides, the opportunities of job placement were influenced by such reasons as: sudden reduction of workplaces as a result of long economical crisis (1991-1999s), increased competition on labour-market, a necessity to settle themselves for years (for example, housing construction) when they returned to Crimea, a complexity of social-psychological adaptation in new conditions for repatriates, lack of Ukrainian citizenship, which result to quick restriction, except political, also social-economical rights, lack and non-allotment of funds for creation of new workplaces, lack of elementary funds for Crimean Tatars to open a commercial enterprise and making artificial obstacles for them by mob structures and corrupted officials. As a result, very big groups of repatriates were found in worse conditions than the rest of population.

A number of able-bodied population in the ARC constitutes 1203800 persons. A number of workers in all areas of economical activity – 772900, and a number of the unemployed of able-bodied persons – 389200 (32%). In 2001, in Centers on Employment of the ARC were registered on the books 27425 unemployed. Under information of the Crimean Republican Center on Employment in this year were registered on the books 12400 Crimean Tatars, almost a half of them are the unemployed. Nevertheless, a half of them received a job, and others do profile education. In Krasnoperekopskyi region 1365 persons of deportees need a job, in Stariy Krim – 3280, in Bakhchisarayskyi region – 8860. A big number of the unemployed of this category of population is in such resort cities as Alushta and Sudak.

In accordance with official information a level of unemployment constituted 2,3 %, while on July 1, 2001 was 1,6%. However, this information cannot show a real existing situation on labour-market, because many citizens don’t apply in Centers on Employment under different subjective and objective reasons. In this connection, in reality a level of unemployment as in the ARC, as in whole Ukraine is higher. So, in accordance with information of the minister of labour and social policy of Ukraine I.Sakhan, which was submitted to vice-premier of Ukraine V.P.Seminozhenko, was noted that in accordance with calculation under international methodic a number of the unemployed in 2001 was on average 2500000 or 11,8%.27 If as applied to Crimea to issue these proportions that a number of the unemployed can be under evaluation data about 140-145000 persons. Unfortunately, there is no correct information on unemployment in the ARC.

The specialists, officials and politicians give different figures concerning level of unemployment among repatriates-Crimean Tatars. Thus, a Doctor of Economical Sciences Rayet Abdullayev says: Under level of unemployment (according to the information on April 1, 2001) within 12-15, among deportees are returning to Crimea, it is more 70%.28 Like to this information, the results of Gallup poll, which gives the Doctor of Economical Sciences I. Pribitkova: “…in current year (2000) 29,5% of respondents had a job…” that is 70,5% were the unemployed.29

At III International Donor Conference on Assistance for Deportees in speeches was stressed that: “60-70 % of repatriates are the unemployed”30; “Moreover a prevalent part of Crimean Tatars even don’t hope that their living standard improves in the near future, because 60% of 140000 able-bodied repatriates are the unemployed”.31

In joint article of co-chairman of program “Integration” of International “Renaissance” Foundation Y. Bilukha and head of the Department of Organizational Providing for Resettlement of Deportees of State Committee of Ukraine on Nationalities and Migration O.Vlasenko was stated: “…51% of Crimean Tatars are the unemployed, that in three times above than a common level of unemployment in the Autonomous Republic of Crimea. The most critical situation was formed in Bakhchisarayskyi region– 54,2% of unemployed, Sakskyi – 71,1%, and Leninskyi-73,7%, in cities Alushta-75,9%, Sudak-72%, Yevpatoria-59,6% and Dzhankoy – 59,6%”32.

Similar information was given in speech of vice-premier of Ukraine M.H.Zhulinskyi at parliamentary hearings in Verkhovna Rada of Ukraine on April 5, 2000: “…about a half of able-bodied Crimean Tatars are the unemployed, that in three times above than a common level of unemployment in autonomy”.33

In report by Lord Ponsonbi of Committee on Migration, Refugees and Demography at Parliamentary Assembly of Council of Europe on April 5, 2000, was noted: “…60% of Crimean Tatars are the unemployed, and those, who were lucky to receive a job, - work as unskilled workers. A majority of highly skilled workers, who returned to the Motherland, because of a lack of work by profession, are not able to support that level, which they had in Uzbekistan”.34

The chairman of Mejlis of the Crimean Tatar people M. Dzhemilev yet at regional conference of delegates of the 3rd of Kurultay on November 21, 1998, gave such facts: “The level of unemployment among Crimean Tatars in several times is above than the mean statistic level throughout the Crimea. Of approximately 140,000 able-bodied persons about 60% of them have no a permanent work.35 In his speech at mourning meeting in 2001, he said that a level of unemployment among Crimean Tatars is in three times above than on the whole in Crimea”.36

The deputy chairman of Mejlis of the Crimean Tatar people R.Ilyasov focus attention on that “a situation with employment becomes worse every year…As a whole in the ARC, under information of state executive committees and regional state administrations, a number of able-bodied Crimean Tatar population is about 142,000 persons, of them about 60% have no permanent job... In such regions as cities Yalta, Alushta, Saki, Yevpatoria and Sudak, and Leninskyi region, Rasdolnenskyi and Belohorskyi a level of unemployment is from 60 to 70 per sent”.

He also gives information on employment of repatriates in different economical areas: “Approximately, 55% of employed Crimean Tatars work in agriculture, 20% - construction and industry and 25% in non-production area, area of small and middle business, short-retail trade and in management area”.37 R.Ilyasov thinks that “The Program on Employment of population in the ARC on 2001” didn’t gave any practical results, which was approved by Council of ministers of the ARC (Resolution #119 from 10.06.2000), and which provided (i.1.7) for measures on employment of deported citizens, mainly, Crimean Tatars.38

Thus, if to dwell on a level of unemployment among repatriates in 60% that is of 140,000 able-bodied Crimean Tatars, 84,000 are the unemployed. That is the unemployed Crimean Tatars constitute over a half of unemployed persons in the ARC (which we estimated above in number 140-145,000).

Because of a high level of unemployment, “non-resettlement and heavy material situation of the basic part of Crimean Tatars is an increase of sickness rate, death-rate, reduction of birth-rate and natural population loss the indices of death-rate and especially child’s death-rate among Crimean Tatars is higher in several times than average-statistical indices in Crimea as a whole”.39 (From analytical report by M. Dzhemilev at Regional Conference of delegates of the 3rd Kurultay on November 21, 1998).

The high level of unemployment reflects on living standard. Thus, in accordance with Gallup poll two thirds of respondents (66,8%) consider themselves as poor men, and three of ten (30,3%) as people of moderate means. No one of respondents consider themselves as high well-to-do people. Unemployment and poverty forces the significant part of repatriates to work at farmlands, producing all necessary foodstuffs.40 It testifies that the main sources of income are pension (43%), income from farmlands (40,9%), windfall earnings (37,1%), and at last, salary (33,3%).41

The measures of government. The Government of Ukraine takes certain measures for reduction of unemployment among deportees. Thus, in the Program on Adaptation and Integration of Deported Crimean Tatars, and also persons of other nationalities into Ukrainian society, rebirth and development of their culture and education, which was approved on January 10, 2002, in subpoints 4-5, 7 is provided in 2002-2005 “to provide for development of social and industrial infrastructure in places of compact living of deportees”, “to assist a development of ethnographical tourism, infrastructure of auto-tourism and organization of all forms of service for auto-tourists to give a job for deportees”, “to assist an establishment of the farmers and development of other forms of farms to give a job for young people of deportees, who live in rural area”.42 In another governmental document “Program on assistance to social formation and adaptation of Crimean Tatar youth on 2002-2005” was provided “to assist a professional training and receiving approximal professions…” (p.2), “to assist a realization of measures on job placement and training for a new profession…” (p.13), “to assist a creation of youth farms and other forms of farming to provide workplaces for Crimean Tatar youth in rural area” (p.15).43

The problems of unemployment were considered at meetings of the Council of Representatives of the Crimean Tatar people with participation of President of Ukraine, at which the President of Ukraine gave the appropriate instructions. Thus, in instructions of the President of Ukraine, which were given after meeting of the Council of Representatives of the Crimean Tatar people under the President of Ukraine from 15 May 2000, was fixed “to develop the Program on creation of additional workplaces for deportees for account of different sources of investment”. The analogical instructions were given at next meetings of the Council.44 At last meeting of the Council of Representatives of the Crimean Tatar people under the President of Ukraine (1 November 2002), the President of Ukraine L. Kuchma was touching upon a problem of job placement, stated that every second of them is unemployed, thinking that necessary to examine, why very small number of the unemployed Crimean Tatars applied in the Service on Employment. The President of Ukraine thinking that a solution of this complicated situation at labour market in Crimea is the development of small and average business noted that one-time assistance for opening of small enterprise in this year received only 67 Crimean Tatars.

The Mejlis of the Crimean Tatar people thinks that among effective measures for solution of unemployment’s problem is: allotment of purpose loans for Crimean Tatars, who desire to open own business and be occupied by small and average business; adoption of law, which would economically stimulate employers in creation of new workplaces; implementation of system of measures for preferential crediting and taxation of enterprises, which create and keep the work places. Under its accounts, only for development of small and average business among Crimean Tatars it is necessary to allot annually 5 mln. UAH for preferential crediting within 1-3 years and allot them under given projects and programs.45

At Parliamentary Assembly of the Council of Europe in 2000 under results of discussion of the report of the Committee on Migration, Refugees and Demography (reporter Lord Ponsonbi) was adopted the Recommendation No 1445 (2000) “Repatriation and Integration of Crimean Tatars”, in which was stressed: “…the problems are faced by repatriates, remain complicated and many-dimensional. These problems include citizenship’s issues, job placement, and questions of social protection and cultural rebirth. While these problems will be not solved, a national identity of Crimean Tatars cannot be fully revived. The integration requires a removal of all forms xenophobia and discrimination, which are faced by repatriates”.46 The Council of Europe noted especially that “the special schemes in area of education and job placement are to be developed”.

In accordance with these conclusions, the Council of Europe recommended to the Committee of Ministers through states-participants to take part in programs of assistance for Crimean Tatars-repatriates, which provide for “housing’s construction and development of infrastructure, education and workplaces, paying special attention on most vulnerable groups of repatriates”.47

2.3. Social benefits

2.3.1. Access to basic benefits: water, electric power, sewerage system, transport communications and communication.

A little more than a half of repatriates-Crimean Tatars has permanent housing, and 48, 8% of them have no it. There is no a necessary infrastructure in most of 300 settlements, in which live deportees: providing by electric power is 85%, water-supply – 40% (in most of settlements a water bring by tank-cars), a level of gasification doesn’t exceed 3%, there is no practically collecting and heat communications, providing by roads with firm pavement is 5%.

These indices are lower in northern and eastern regions of the Autonomous Republic of Crimea. The distance of a half of new housing estates from engineering services complicates a work on their improvement.

The most urgent problem is a development of transport communication with settlements of compact living of deportees, installation of telephones, installation of radio, which are there practically in embryo or are quite lacking.

Some of settlements got in area of influence of dangerous natural processes (displacement of soils, underflooding and so on.)

The incompleteness in construction of engineering services in places of compact resettlement of repatriates, in particular, systems of power supply, results to attempts to hide own costs in expense of electric power by organizations providing it, and write-off them for account of repatriates. In many places of compact resettlement of Crimean Tatars a stock of energy consumption is taken not on individual base, as it is required by the approved rules, but on base of information of common settlement’s transformer substations. It is clear that such “stock” of electric power not only open the wide opportunities for abuse on the hand of “Krimenergo”, which ascribed wrongly the electric energy demanded by anybody to repatriates’ account. Currently, under opinion of “Krimenergo”, a size of arrears for consumed electric power by settlements of Crimean Tatars constitutes over 80 mln. UAH.

In view of indicated reasons, the Cabinet of Ministers of Ukraine prepared the Draft Law, which provided for write-off arrears for demanded electric energy up to 2001, was not supported in December of 2002 by Committee of the Verkhovna Rada of Ukraine on Fuel and Energy Complex and Nuclear Safety.

The funds for resettlement of repatriates, including a development of infrastructure in places of their compact living, which was planned to allot out of the state budget, were given irregularly and not in full volume. Thus, under information of he Cabinet of Ministers of Ukraine for period 1996-1999s was planned 73,1 mln. UAH, and actually was allotted 36,44 mln. UAH that is 50%.

One should to note that only in 2000, the State was firstly succeed to allot all planned funds in full volume – 40 mln. UAH out of the budget of Ukraine and 11 mln. UAH out of the budget of the ARC.

However, already in next 2001 from planned budget funds (45 mln. UAH out of the budget of Ukraine and 12 mln. UAH from budget of the ARC) was not received 6,3 mln. UAH.

In 2002 was again typical irregular allotment of state funds that threatened a realization of problems put on resettlement of repatriates. Of planned 45 mln. UAH in 2002 out of the budget of Ukraine and 15 mln. UAH from budget of the ARC for 10 months, by 1 December was allotted only 38,3 mln. UAH that is 63,5 % of planned funds.

Because of irregularity in allotment of funds and underfinanced many objects of social-cultural area and infrastructure are not started or remain unfinished.

On May 16, 2002, the Cabinet of Ministers of Ukraine approved the “Program on settling and resettlement of deported Crimean Tatars and persons of other nationalities, who returned to the ARC for permanent residence, for period up to 2005”. The adoption of this program created a legal base for solution of many practical questions, first of all, in providing of stable financing up to 2005. It was developed by instruction of the President of Ukraine, which was given after meeting of the Council of Representatives of the Crimean Tatar people and instructions of Cabinet of Ministers of Ukraine. This document was adopted instead of effective in 1996-2000s the Program on settling and resettlement of Crimean Tatars and persons of other nationalities, who returned and live in the ARC.

The goalof the program is a development of basic measures to provide for repatriates by housing and objects of communal and social-cultural service, engineering infrastructure. The Program provides in next year for all settlements and microdistricts of compact living of deportees by electric energy, and for next 2 years – by water, partially gas and local railway.

A little earlier, in January 2002 the Cabinet of Ministers of Ukraine adopted also “the Program on adaptation and integration of deported Crimean Tatars, including persons of other nationalities into Ukrainian society, rebirth and development of their culture and education” and “Program on assistance to social formation and adaptation of Crimean Tatar youth on 2002-2005”.

2.3.2. Access to public health

As a result of unsettled state, lack of housing and elementary conditions of life, high level of unemployment and very heavy material state of repatriates, continue to increase a level of sickness rate and death-rate. Aggravation of health of repatriates is observed against a background of aggravation of the health of whole population of Crimea. At the same time, the rates of growth of sickness among repatriates exceed general Crimean indices.

Under information of the Republican Medical Center of deported peoples in 1998 in comparison with 1994 a sickness rate of Crimean Tatars by tuberculosis increased in 1,5 times, and oncological sicknesses in 8 times. Crimean Tatars became to constitute a basic “group of risk” in a number of sicknesses. The sicknesses of peripheral nervous system exceed average index of autonomy in 3 times, bone-muscular system – in three times, oncological sicknesses – in 1,5 times. A general number of oncological patients among repatriates for 1989-97 constituted 2213 persons.

In a number of sicknesses among Crimean Tatars are prevailed the sicknesses of nervous system and organs of smell, than sicknesses of organs of breathing, system of circulation of the blood, organs of digestion, urino-genital system, bone-muscular system and connective tissue. Analysis of groups of sicknesses showed a high frequency of sickness rate among adult population by neoplasm, hyperplasia of thyroid gland, sicknesses of peripheral nervous system, ischemia of heart and stenocardia.

In 1997, children under indices of a number of sicknesses (infectious and parasitic, bone-muscular system, hypertrophy of tonsils and adenoids and so on) have birth anomalies in 12,4 times exceed a level of sickness of adults. The negative changes took place in demographical indices of the Crimean Tatar people. It was significantly reduced a portion of child’s population, and reduction of birth-rate goes on. About 250 new settlements of compact living of Crimean Tatars have no own medical establishments. The Ministry of Health Protection of the ARC and Republican Committee on Nationalities of the ARC built only 5 objects in these settlements of planned 42 objects by 2000.

III. Social-humanitarian area

3.1. Education

The national minorities have formally an equal access to all levels of education – school, professional and institute of higher education. However, actually, there is a long and fierce discussion on languages of education in educational institutions. This discussion is a result of existing inequality in this area.

There is more demonstrative such situation towards Crimean Tatars and Ukrainians, who demand that their children to be taught in native language at schools.

There are 576 educational institutions of general education in Crimea, 97% of them with teaching in Russian.48 There are 4 schools with teaching in Ukrainian, and 13 ones in Crimean Tatar.

Armenians, Bulgarians, Germans, Greeks have no own national schools. In schools of general education in 2002-2003 were established groups, in which a native language is studied as subject: 250 pupils - Modern Greek, 15 – Armenian. Another 140 pupils optionally study Modern Greek. Besides, were established Sunday schools to study native language and culture of own people: in 5 Armenian Sunday schools are studied 90 children, in 4 Bulgarian – 50, and in 2 German – 40.

Before deportation Crimean Tatars had 386 schools where studied 46008 children. Educational process in these schools was completely made in native language. Currently, a number of Crimean Tatar pupils constitute about 46000, but only 4070 of them study in 13 schools, where they are taught mainly in native language.49

Besides, in 62 schools with education in Russian were opened 133 separate classes with education in Crimean Tatar, in which study 1802 pupils. Thus, in Crimean Tatar are studied only 5872 pupils, that is 12,5% of total number of pupils of Crimean Tatars. Opening of classes with education in Crimean Tatar is especially typical for villages, where there is only one school. As a whole 2, 2% of total number of pupils of the educational institutions of general education will be taught in Crimean Tatar in new school year.50

The rest 40128 children study in schools with education in Russian. In these schools for all comers was organized a study of Crimean Tatar language. In 2002-2003, the Crimean Tatar language is studied as subject 30598 pupils, of them in-depth – 403 and optionally 2103.

Totally, 83,5 % pupils of Crimean Tatars study Crimean Tatar language in different forms.

In Crimean infant schools act 20 such groups, in which there are 278 pupils. With assistance of the Ministry of Education and forces of community were open and act 14 nontraditional child’s leisure centers in settlements of compact living of Crimean Tatars, which are visited by 500 children of child preschool and school age.

Aspiration of Crimean Tatar community to extend a system of national schools, where besides education in native language, taking into account national and religious features in educational process (because an education of Crimean Tatar children in ordinary Russian-speaking schools greatly speed up the assimilation processes) met non-recognition and opposition of local and republican authorities”, structures of the Ministry of Education of the ARC. As a rule, an official decision on establishment of such schools was not given for a long time. Public activists, who spoke for establishment of schools, were exposed by pressure, sometimes were persecuted. In case, when it was impossible further to hold a press of community, the unadapted buildings for schools were given, for example, the empty kindergartens, which are required repair and without any furniture, in which there are no accommodations for gymnasiums, dining rooms, assembly halls and so on (of 13 present schools 10 ones are located in former kindergartens). Latter, when the schools have continued, in spite of the obstacles, to work, the local authorities took part in their formation in a number of cases.

The Crimean Tatar community proposed for solution of accommodation’s problem to make re-integration of schools in those settlements, where there is such opportunity. It means that if there are more 2 schools in city or settlement, in which study a significant number of Crimean Tatar children, that when one opens the Crimean Tatar School to provide for it an accommodation of one of the existing schools. Crimean Tatar children go over to opening school, and instead of them come children of other nationalities. Such proposal in case of its realization would allow to save significant funds, because an opening of new school would be not connected with construction of new building for it. However, this proposal was not realized in any regions of Crimea because of a number of reasons: lack of support and even opposition of local authorities, non-Tatar population and their voluntary and political organizations, which call to opposite a re-integration of schools.

An opposition to opening of new Crimean Tatar schools besides ideological factor has a socioeconomic as well. When Crimean Tatar children go over to opening national school, previous Russian-speaking school will lose a significant number of places for pupils (from 20 to 50%). In such school will appear a necessity of reduction of workplaces for teachers. This problem would be partially solved, sending teachers to courses of retraining and give a job for them in national schools. But a reality is unreadiness, and often unwillingness of many pedagogical specialists.

At the same time, an opening of national schools assists to give a job for many teachers, who understand and can solve the problems of education in schools with teaching in native language.

Very slow reduction of schools with education in Russian language means only that the schools with education in other languages are renewed. Currently, under desire of parents in 60 settlements of Crimea necessary to establish Crimean Tatar schools, if for it will be the appropriate economical conditions.

A quality of education in schools with teaching in native language is sufficiently high that it is provided by high professional skill of teachers. It is enough to say that in Starokrimkskyi school #2 already forth time a traveling session “Children and Internet” of International Library Conference “Library and Associations in Changing World” is held. The graduates of national schools often become students of institutions of higher education, than pupils of same age from other schools.

However, the schools themselves feel a great lack of textbooks. A problem of textbooks has other side as well – in many schools under Russian textbooks are taught, which were developed under other standards, programs reflecting Russian educational policy. In Crimea, beginning from 1997, the well-known teachers with support of International “Renaissance” Foundation (Kyiv) prepared and published by 1000 copies of translated and original textbooks and school-books for national schools for 1-4 classes in full measure, and for 5-11 classes – only textbooks on Crimean Tatar language and literature.51 At the same time, they were not received assistance from appropriate state structure. Totally, for last 3 years the International “Renaissance” Foundation supported a publication of 52 titles of educational literature in Crimean Tatar.

Very actual task became a providing of state support for author's collectives, who work over creation of textbooks for national schools. Only, now the Ministry of Education and Science of Ukraine began to replicate the textbooks, which were developed by support of the Foundation. In 2001 was realized a financing of necessary editions of 3 textbooks, yet 14 ones were included in plan of publication of educational literature and will be published in 2003.52 Only 37,5 % of pupils are provided by textbooks on Crimean Tatar language, that is in 2 times less than by textbooks on Russian language.53

There is very serious problem on textbook of history on Crimea and Crimean Tatars, which was not developed up to now because of different factors, which were caused as a lack of specialists on Crimean Tatar history in Ukraine, as obvious unwillingness of state educational structures to develop such textbook. At meeting of the Council of Representatives of the Crimean Tatar people under the President of Ukraine, which was held on November 1, 2002, in Simferopol, the President of Ukraine L. Kuchma touching on a humanitarian aspect of Crimean Tatar problem, noted that came time to write a history of the Crimean Tatar people, and stressed: “I am ready to support you in this question, but the initiative is to go from you”.

There are no also the textbooks on other humanitarian and natural subjects. Teachers are conducting lessons on these subjects only in process of education include the components of Crimean Tatar vocabulary.

A training of pedagogical specialists is made in Crimean State Industrial-Pedagogical Institution. It prepares the teachers by specialty: “elementary education”, “infant education” (with specialization “Crimean Tatar language and literature”), “Crimean Tatar language and literature”, “Crimean Tatar language and literature, English language and literature”, “Crimean Tatar language and literature, Ukrainian language and literature”, “Crimean Tatar language and literature,  Russian language and literature”, “Crimean Tatar language and literature, Turkish language and literature”.

Besides, in Tavricheskyi National University by V.I.Vernadksyi are prepared specialists at Department of Crimean Tatar language and literature. However, in this institute of higher education, in spite of the appeal of the Ministry of Education of the ARC, was not organized a teaching of native language for students, who receive pedagogical specialties.

The Crimean Republican Institution for postgraduate pedagogical education makes a re-training of pedagogical specialists for providing of the process of education in Crimean Tatar language. The re-training of specialists makes here under requests of services of Center on Employment.

Already for some years, the Department on Education in Crimean Tatar language of the Ministry of Education of the ARC in order to eliminate inequality in training of specialists having higher education gives special assignments to institutions of high education of Ukraine and Crimea for university entrants of formerly deported citizens. In 2002 was given 36 such assignments.

Giving special assignments is made within realization of the Program on Special Training of National Specialists for social-cultural sphere of the ARC, which was approved by the Cabinet of Ministers of Ukraine in 2001. This Program designed on 2001 – 2005, provides for giving of quotes of state request for training with day form of education for specialists with higher education in leading educational institutions of Ukraine for Crimean youth. The university entrants, who received special assignments, enter in institutions of high education under separate competition. In 2001, the special assignments in institutions of high education of Ukraine were given to 363 university entrants, 76 of them passed successfully competition and became students.54

In 2002, the special assignments were given without exception to all of the university entrants, who applied to the Commission under the Department on Education in Crimean Tatar language. Of them 233 – Crimean Tatars, 2 – Greeks and 1 – Armenian on 31 professions. Totally, 49 persons were taken.

18 institutions of the ARC, and also cities Sevastopol, Kharkov, Dnepropetrovsk, Lvov, Odessa, Chernovtsi and Mariupol gave quotes on 150 places for the university entrants of the formerly deported people. The most number of assignments were given on education by specialties: “Finance”, where competition was 6,5 men on a place, “Medical affair” (6 persons on a place), “Science of law” (5,5 men on a place), and “Landscape architecture” (5 persons on a place).

A majority of university entrants, first of all, because of a heavy material state of own parents, desire to enter, namely, in the Crimean Educational Institutions, and special assignments in cities of Ukraine take with unwillingness. For example, in this year remained unclaimed quotes, which were given by Kharkivskyi State Pedagogical Institute, Donetskyi and Odesskyi National Universities, and also Mariupolskyi State University.

Currently, there only 4 schools with education in Ukrainian in Crimea, including several kindergartens and 170 Ukrainian classes in 70 Russian-speaking schools, in which study 2476 pupils. Under information of the Ministry of Education of the ARC in 2000/2001 school year in 40 Russian-speaking schools were opened more 140 classes with education in Ukrainian, in which studied 2220 pupils. Thus, there is a relative progress in development of education in Ukrainian. However, taking into account a number of Ukrainians on peninsula (over 480,000 persons) and their needs, these figures are very unsatisfactory. Such situation was formed because of a lack of attention of Central Government to needs of Ukrainians, who live in Crimea. The state structures of education in Crimea (the Ministry of the ARC, regional bodies of education) for last ten years actually got out of solution of problems, which were accumulated in this sphere.

Among arguments, which often used by officials of these state structures, and which were used as in case with Crimean Tatars, a lack of material and technical basis for opening schools with education in Ukrainian language. However, when one considers every concrete situation in detail appeared a big number of other, real reasons of unwillingness of Crimean officials to open schools with education in other languages than Russian.

This position of authorities inspired the Russian community of Crimea to hold protest’s pickets against the proposals of society to convert one of the schools in cities of Bakhchisaray, Yalta and Simferopol from education in Russian to Ukrainian. A majority of Crimean politicians think: if you need a school that you build it. Thus, ex-chairman of Verkhovna Rada of the ARC L. Hrach at one of the meetings of President of Ukraine with members of the Council of Representatives of the Crimean Tatar people stated: “The Government of Ukraine knowingly doesn’t finance a construction of Ukrainian gymnasia in Simferopol”. Though this politician had information that during last years took place a systematical reduction of a number of pupils and there are real opportunities to use more effectively the accommodations of acting schools in cites of Crimea.

The present government of autonomy, in particular, the Ministry of Education states that it sees a problem of opening and thinks that a number of schools of general education with teaching in Ukrainian is unsatisfactory, and a system of “Ukrainian” classes as insufficiently branchy. The most complicated task is an opening of schools with education in native language in rural area, because in village, as a rule, there is only one school. However, at the same time, it would be possible to provide for a right for citizens of Ukraine to educate their children in native language in each separate case, only in case of interested approach of workers of education and parents. As a separate question is the opening of schools with education in two languages. Such problem is typical for those Crimean villages and settlements, where the basic part of population is ethnical Ukrainians and Crimean Tatars. It would seem, it is fully legal a desire of a majority of parents to convert a school with education in Russian to statute with Ukrainian and Crimean Tatar (that is a parallel education in two languages), however the authorities see in such cases a discrimination of that part of parents, who insist on keeping of education in Russian. These schools, as a rule, keep a status quo that is an education is continued in Russian.

3.2. Discrimination in education program55

There is a problem, for schools of general education, of presence in texts of textbooks of the negative comments, appraisals on role of national minorities in history, their reflection in literary works, folklore, which are studied at lessons. Thus, in textbook on history of Ukraine for 7th class there are next lines “Became brutal Tatars, rushed into place, destroyed all alive.

The Ukrainian people saved the west-european peoples and whole west-european civilization from enslavement by its heroic defense. This is its great service before history of humankind”.56

The analogical tendency is observed in other textbooks on history. In textbook “The history of Ukraine”, for 7th class57 (author Roman Lyakh, Nadejda Temirova) a small part (p.294-296), dedicated to establishment of Crimean Khanate (less 60 lines), completely consists of negative description of Tatars and Crimean Tatars. Thus, the authors describe an establishment of Crimean Khanate, quasi its single historical aim and mission was to threaten to Ukrainian lands: “Meanwhile, the Ukrainian lands were threatened a new danger”. Further material was expressed by such way to confirm in minds of readers a thought on aboriginal hostility of the Crimean Khanate towards Ukraine: continuous aggression of Crimean Tatars, capture of captives, and slave-trade. A tendentiousness of authors is visible in their aspiration to show a history of Crimea as centuries-old opposition of the Slavs to savage nomads. A paragraph is started with lines: “The Slavs appeared hear in the beginning of new era. From 9th century the Crimea got under influence of Old Russian State”, the authors finished it by mention on invasion of Polovts, which “for a long time, closed the Crimea to Kyiv Russia”. It was the main idea of authors – to lead to thought that for a long time, not forever the Crimean Khanate separated the Crimea from its aboriginal place in Slavic world. The main content of relationship of Crimean Khanate with Ukraine is opened by phrase: “The Horde turned a trade into one of the main sources of benefit”. At the same time, the authors described no one of the forms of receiving of benefit, farming: agriculture, cattle-breeding, handcraft and trade. In textbook isn’t analyzed a complicated character of relations of nomadic tribes of the Crimean Khanate and land-owning population of Ukraine. Instead of it, ones were provided only by negative features, others – positive. A negative effect of perception of Crimean Tatars the authors reinforce by emotional lines: “For some years south and center of Ukraine was turned almost into desert. In 1548, the Lithuanian Ambassador in Crimea noted that in Ukraine soon doesn’t remain a population.”

In textbook “The stories on history of Ukraine”, for 5th class (author Victor Mysan) is described the relations between Ukrainian Cossacks and Crimean Khanate (p.106-118), in which dominates a negative appraisal on Crimean Tatars. A total number of mentions on Crimean Tatars are 26, of them in neutral aspect – 5 times, positive – 1, and negative – 20. Practically, all of the negative actions are described in connection with ethnonim (Tatars, Crimean Tatars) that creates direct association with each other. Of 20 mentioned negative mentions – 18 connected with using of ethnonim. In description of joint campaigns of Ukrainian Cossacks and Crimean Tatar army in Liberation war of Ukrainian people in the middle of 17 century are hided the facts of positive cooperation, but instead of it, are stressed the negative facts. Thus, in description of triumphant battle of joint army of Ukrainian and Crimean Tatars (played here a leading role) over Poles, Crimean Tatars are not mentioned. However, in description of battle near Berestechk Crimean Tatars were described as betrayers (the reasons, which forced Crimean Khan doesn’t support Cossacks were not explained). Author makes conclusion: “Tatar Khan was capable for money to sell and betray Ukraine”.

The author of the textbook reinforces a negative psycho-emotional spirit of pupils of younger age (11-12 years), whose emotional perception dominates over rational. For it they use next example of treatment with captured old people: “Old and sick people were given to Tatar children in order they study on them to shoot from a bow and sabre”. One can wait for a formation of stable negative stereotypes at such children towards Crimean Tatars, which proceed to all their generations, including Crimean Tatar children.

In book are used different approaches to events of the same type. Thus, all campaigns of Crimean Tatars in Ukraine were described only as negative occurrence. All campaigns of Cossacks in Crimea – only as positive occurrence. The reasons of Cossacks campaigns are explained by necessity to free captives. At the same time, in other part, which doesn’t concern directly Crimean Tatars, the author notices: “Sagaydachnyi (hetman) knew that without military loot for Cossacks to live with difficulty, because a payment for service was small.” At the same time, in material is not mentioned the positive examples of economical, cultural ties between Cossacks and Crimean Tatars.

In textbook for 8th class by A.K.Shvidko “The history of Ukraine in 16-18 centuries”58 there is a chapter 8 “Turkey and Crimean Khanate in the second half of 16 – fist half of 17 century”, in which were given the basic historical and economical features of Crimean Khanate (p. 66-70). In this text there is:

  • general description of Crimean Khanate – 25 lines;

  • Crimean Khanate as vassal of Turkey (this provides, under opinion of author, a conditional character of statehood of Crimean Tatars) – 49 lines;

  • Paragraph “Slaves” on capture of slaves by Turkish-Tatar troops – 55 lines;

  • Paragraph “Tactics of invasion”, saying on a way of capture of slaves – 21 lines.

Thus, relatively neutral (only at first sight) description of Crimean Khanate takes 17% of material. Obviously negative role of Khanate towards Ukrainian population (slaves) – 50 % of material. The rest part – 33% describes a dependence of Crimean Khanate. In mentioned by us relatively neutral 25 lines, describing geography, history and economy of Crimean Khanate, there are gross mistakes and examples of tendentiousness: “The Crimean Khanate in 16 century took less a half of peninsula. The rest richest and more fertile lands with main port Kafa belonged to Turks”; “The productive forces of Crimea were not able to provide sustenance for population of peninsula. A lack of foodstuff was compensated by loots of campaigns in neighbouring states. As note researchers, a majority of population of Crimea was permanently at war in Persia, Europe and, first of all, Ukraine”. The pupils were imposed by faked-up idea on permanent confrontation and aggression of Crimean Khanate towards Ukraine that, certainly, makes a negative attitude to modern Crimean Tatars.

At the end of this chapter there were control questions, which are putted for strengthening of material and concentrate pupils’ attention on certain aspects. Two of three questions were formulated in such a way: 1) What did cause the predatory campaigns of Tatars and Turks on Ukrainian lands? 2) What for Tatars and Turks took yasir? (yasir-captives).

In chapter 9 of present book “Ukrainian Cossacks in the beginning of 17 century. Hetman Sagaydachnyi” are emphasized two paragraphs: “Turkish-Tatar attacks” and “Epoch of heroic campaigns”. In paragraph “Turkish-Tatar attacks” (p.72) attracts attention a figurativeness and emotionality, with which is given a material: “Didn’t pass a year, in order Turks and Tatars to invade in Ukraine, burnt its villages and cities, killed peoples and took prisoners”. “In 1616 Tatars invaded in Podolye, as writes contemporary “washing their hands in elbow of our blood and devastated everything by fire and sword”. “However the Turkish - Tatar hordes have been devastated the Ukrainian lands for a long time. For example, in 1626 the Ottoman Empire sent Tatars for plunder and intimidation of Ukraine, who came right up to Halitsia”.

In spite of a lack of the Ukrainian state as such in that period, the author permanently stresses an orientation of Turkish-Tatar campaigns, namely, against Ukraine and Ukrainian lands, which is undoubtedly to leave track in consciousness of modern Ukrainians.

The next paragraph “An epoch of heroic campaigns” (p.72-72) describes 8 successful scaled campaigns of Cossacks against Turks and Tatars. One attracts attention on a title “heroic campaigns”, because with the exception of positive moment of liberation of prisoners and slaves, they were the same predatory as those campaigns, which were described on the hand of Turks and Tatars, and the main goal of these campaigns was a capture of loot. The author describes, for example, that in 1600 Cossacks realized a big campaign to Varna, captured 10 Turkish galleys with all stores, and took away 180, 000 gold coins. It was not even hided that as a result of similar campaigns were died as Turks, as Tatars, but it is considered as positive fact, because “it weakened a military power of enemy”. For example, in campaign on Kafa were “destroyed” 14,000 Turkish soldiers”, and death of local peaceful population is passed over in silence. Described 8 “heroic campaigns” took place during 16 years. Both paragraphs – “Turkish-Tatar attacks” and “The epoch of heroic campaigns” are near and say on events of the same level – military attacks. Nevertheless, they were described completely from the different positions and language: campaigns of Crimean Tatars were described as negative, and campaigns of Cossacks – as positive. Such contrast reinforces a negative image on Crimean Tatars and unconsciously reinforces a thesis that to destroy and loot is good cause for them.

In chapter 28 of the same textbook “The struggle against Turkish-Tatar aggression in the second half of 17 century” (p.217-223) a title itself makes the readers on certain perspective of perception. Here we faced with above mentioned method, when events of the same level (military attacks), are considered in different scale of appraisals. The attacks of Turks and Tatars - aggression (negative), at the same time, attacks of Ukrainian-Russian troops – defense from aggression.

The materials for course of Ukrainian literature promote to creation of negative image of Crimean Tatar, which program provides for study of oral folk arts, for example, songs on heroic feats of Cossacks. In such songs often are described duels, battles against Crimean Tatars, taking prisoners with inherent folk poetry emotionality, hyperbole and epithets. The authors of textbook don’t give any comments, which would smooth a polysemantic perception by children such patterns of folklore. A study of these works is practiced in schools of the ARC, where in one class study children of Crimean Tatars and Ukrainians.

3.3. Right for culture and language.

Cultural heritage of each people is as necessary condition for its further development. Cultural artifacts are unique and irreplaceable cultural wealth. In history of Crimea, for 18-20 centuries, and in particular in period of WW II took place tragic events, connected with illegal removal of cultural values, which were in museums, libraries, archives, and personal collections of citizens. The hundreds thousand works of fine art, books and archival materials suffered the same fate.

Many specialists estimate a loss of cultural values of deported Crimean Tatars from Crimea in May of 1944 as a great humanitarian catastrophe in Europe.

With cultural values of deported Crimean Tatars, Armenians, Bulgarians, Greeks and Germans lost also cultural institutions, system of training of specialists in different spheres of culture. The unbearable conditions of special colonies and commandant’s regime resulted to physical death or delay of creative activity of prominent cultural workers and arts for a long term.

The obstacles, which were made by state in places of deportation for development of culture, arts, literature and language didn’t give an opportunity to renew cultural or scientific institutions as integral phenomena. Creation of folklore company “Khaytarma” in Uzbekistan, publication of single official newspaper in Crimean Tatar “Lenin Bayragi” (Lenin’s flag) (1957), opening of the Department on Crimean Tatar language and literature in Tashkent Pedagogical Institute (1967) were isolated instances. They can be considered on the one hand as concession for National Movement of Crimean Tatars, on the other hand – as attempt, minimally, under opinion of the authorities to satisfy cultural needs of Crimean Tatars.

As a result of such State policy, a culture, art, science, education, language of Crimean Tatars and other deported ethnical groups from Crimea were putted under the treat of disappearance.

For almost 50 years the Soviet totalitarian regime carried out a policy of violent russification towards Crimean Tatars. All social functions of Crimean Tatar language, except one (a way of communication in family) were cut off by deportation: there were no schools with education in Crimean Tatar, including TV and radio programs, were not published newspapers and journals as well. In such discrimination conditions was purposefully formed two languages, which main components were Crimean Tatar and Russian language, seldom – Crimean Tatar and Uzbek languages, Crimean Tatar and Tajik languages. Under their type these two languages were various. Crimean Tatar language is used now in private life, far less – in publicism and belees-lettres. It is early to say on its functioning in sphere of popular schooling and science.

A long lack of education in native language resulted to appearance of entire generations of Crimean Tatars, who insufficiently know native language, or know it at common level or only understand, but cannot explain. Especially, this concerns people of adult age – from 20 to 50 years. Currently, a majority of adult part of population are people, who were born in places of deportation, and their children know native language at common level far less own parents. Children in young families sometimes don’t know elementary words in native language.

However, there are new tendencies: appear a lot of families, in which parents know worse native language than their children, who study in national schools. In order to remove such disproportions, taking into account the need of significant levels of the population to know native language, it is necessary to organize a study of Crimean Tatar language for adults, at the same time, to hold lections on history and culture of the Crimean Tatar people. It can be the educational institutions (in the image of national universities), which were opened by State, or by voluntary organizations with state support.

Currently, an incidence of Crimean Tatar language was deeply narrowed. Currently, Crimean Tatars use Russian in family life just as often, as native language (accordingly 33% and 39,2%. However, in public places, at work and in educational institutions speak in Russian – 64,7%, in Crimean Tatar – 6,4%.

Such defective statute of the Crimean Tatar language had negative consequences under two directions: 1) Serious consequences took place in its system; 2) long period, before beginning 1990s was not developed the Crimean Tatar linguistics.

A damage, which was made to Crimean Tatar language, particularly is visible in sphere of vocabulary: 1) big stratums of words were washed from active vocabulary of native speaker of language, which expressed official-business and scientific concepts, including the groups of words connected with traditional forms of management; 2) an afflux of Russian words was maximally made more active, which replaced aboriginal-Turk and Arabic-Iranian elements.

The Crimean Tatar language as object of scientific study was investigated very fragmentary. One should to do a great combined work, which will be able to realize only by specialized scientific agency, for example, Research Institute on Crimean Tatar language and literature.

The Crimean Tatar language is absolutely not used in public institutions, courts, notary's offices, police’s departments, common places (at stations, transport and so on), it doesn’t present (as second language) at signboards, labels, advertisements, advertisement hoardings, and one doesn’t made a translation or assistance in translation.

On June 17 – 20, 1992, in Simferopol by initiative of Mejlis of the Crimean Tatar and Institute on Oriental Studies of Academy of Sciences of Ukraine was held the International Scientific Conference dedicated to problem of conversion of Crimean Tatar language into Roman alphabet. The Orthographic Commission developed and adopted new alphabet, which is able, by unanimous opinion of scientists, gives more adequately a specificity of phonological system of Crimean Tatar language. In April 1997, the Supreme Soviet of Crimea adopted a resolution on conversion of Crimean Tatar language into Roman alphabet; however, the necessary practical steps for realization of this resolution were not taken.

The linguistic policy, as a part on national policy in multinational Crimean region could be realized by two ways: 1)  in course of linguistic legislation; 2) by virtue of activity of NGOs.

The International Forum on Culture and National Identity “Local cultures of Crimea and their role in future of Ukraine” proposed to appear with “Appeal to bodies of government, urging to consider an initiative of Mejlis of the Crimean Tatar people on return of statute of official language in the ARC to Crimean Tatar language in the near time”.59

Specialists-linguists insist that a necessity on development of a number of legislative acts, regulating functioning and widening of social functions of language became ripe. Among ways for rebirth of Crimean Tatar language, mastering of native language by Crimean Tatars at all levels of its using (speaking, understanding, reading and writing) specialists consider following:60

  1. Enlargement of system of infant schools with education in native language.

  2. Teaching of Crimean Tatar language as a language of indigenous people of Crimea, and obligatory subject in all schools.

  3. Enlargement of publishing activities in Crimean Tatar language, publication of a big number not only of school-books but also belees-lettres, including translated for children and young people.

  4. Creation of permanent linguistic area for account of increase of on-air broadcasting on radio and TV.

  5. Increase of a number of newspapers and journals in Crimean Tatar.

The important factor of creation of linguistic area in modern compositions is TV. In the ARC except Ukrainian state and commercial channels which broadcast on peninsula, is state TV-radio Company “Crimea” (STRC). The Crimean Tatar editorial office was established under it, which makes programs in Crimean Tatar. As a whole the STRC broadcasts 48 hours in a week. A time of broadcasting of Crimean Tatar editorial office had a tendency to reduction: in 1988 it was 6 hours in a week (12,5% of total broadcasting time), in 2002 – 3 hours and 40 minutes (7,6%).

Thus, a total reduction of volume of broadcasting time of Crimean Tatar editorial office constituted 40%. A volume of radiobroadcast in Crimean Tatar is only 1,15 hours in a week.

Besides, at STRC there is a national editorial office for Armenians, Bulgarians, Germans, Greeks, making programs with volume of broadcasting two hours in a week (by 30 minutes on each of ethnical groups). As a whole, a portion of programs of this editorial office in total broadcasting time is 4,2 %, and with account on-air broadcasting on each ethnical group – 1,05%.

The end of 1980s-1990s in Crimea was characterized by rebirth at on voluntary lines different cultural institutions, bodies of printing, returning Crimean Tatar people, Armenians, Bulgarians, Germans and Greeks: libraries, folklore ensembles, newspapers, journals, different studies, museums and so on. Only some of them received a state support, as for example, Crimean Tatar library by I.Gapsrinskyi (Simferopol), ensemble “Khaytarma” (Yevpatoria), newspaper “Golos Krima” (is supplement to Ukrainian newspaper “Golos Ukraini” (The Voice of Ukraine)).

A character of ethnical Mass Media (newspapers and journals) is their small circulation and infrequent periodicity (newspaper one time in a week, journals – one time in two months). Their financing was uneven, the newspapers receiving state subsidy, sometimes were forced to stop their publication because of non-receipt of budget funds (as it was with the newspapers “Kirim”, “Yani Dunya”). The editorial office is often in old, which require a repair, and badly heated accommodations.

The Crimean Tatar Republican Museum of Arts has no own accommodation as well, which was established in 1999.

No one of the described Crimean ethnical groups has no own national archives. There are only small private (or family) archives, which remained miraculously up to present time, because for keeping of many manuscripts or books in period of USSR one could wait for prison punishment. Accordingly, among Crimean Tatars there are very rare the professions, which connected with work in archives.

Of all Crimean ethnical groups only Crimean Tatars could create a professional Crimean Tatar musical-dramatic theatre. One should say that it for 12 years of existence, relying on rich previous theatrical experience of Crimean Tatars, was able to rise on high creative tops, gaining recognition not only in Crimea and Ukraine, but also at prestige foreign festivals.

Among the state measures proposed by society, which directed on solution of complex of the questions of humanitarian character of national minorities of Crimea, is very interesting some recommendations of participants of International Forum on Culture and National Identity “Local cultures and their role in future of Ukraine”:

  • Activation of work on restitution of cultural values, which were removed from Crimea;

  • Radical reforming of humanitarian education in Ukraine taking into account the needs of national associations of Crimea and their contribution in multicultural culture of Ukraine, in particular:

  • Widening of system of educational-pedagogic and cultural institutions of Ukrainian, Crimean Tatar and other national associations of Crimea.

  • Providing of activity of Crimean Tatar and other national educational-cultural and cultural institutions by educational literatures, textbooks, use of visual methods, general and terminological dictionaries, belonging and equipment under their needs.

  • Widening of training of staff of educational, cultural and scientific workers, in particular, the specialists of the highest qualification – teachers of colleges, technical schools, high educational institutions and researchers.

  • An organization of fundamental scientific study of languages, literatures, history, ethnography, material culture of national associations of Crimea, intense development of humanitarian science, first of all, historical-philological cycle in existing educational institutions and by way of establishment of specialized scientific institutions.

  • Restoration of Research Institute of Crimean Tatar language, literature and history, which existed in Crimea before deportation of Crimean Tatars.

  • Development of scheme of budget financing of activity of national-cultural associations.

  • Improvement of system for training of professional staff in area of national cultures and arts.

  • Assistance to creation of studios under professional creative artistic groups.

  • Development and approval of programs on preservation of cultural heritage of indigenous peoples and national minorities in Ukraine.

  • Assistance for providing the national-cultural associations and organizations by accommodations.

  • Continuation of tradition for conducting of the international festivals, children’s summer camps and national holidays.

  • Preparation and publication of catalogue on lost values of Crimean Tatars, Karaites and Krimchaks.

  • Consideration by the Republican Committee on Protection of Cultural Heritage of the ARC the proposals of national-cultural associations and organizations of Crimea on making additions in state list “Cultural heritage of Crimea”.

  • Assistance to widening of ethnical tourism.

  • Celebration of memorable dates in history of ethnoses of Crimea and Ukraine.

  • Development of program for search and return of archives of the repressed and deported figures of Crimea in Crimea, by Ministry on Culture and Arts of Ukraine and the Main Archival Department of Ukraine.

  • Appeal to leadership of Security Service of Ukraine with request to give information on place of preservation and composition of printed and hand-written materials, which were withdrawn from repressed figures of the Crimean Tatar people and archives of educational and cultural institutions of Crimea.

  • Development of proposals and taking measures for restoration of historical toponymy in Crimea, apply with appropriate appeals to Council of Ministers of the ARC, oblast, city, regional and rural councils of people’s deputies.

  • Organization of expedition on collection ethnographical and folklore materials.

  • Development and realization of a system of concrete measures directed on assistance of Crimean Ethnographical Museum, Crimean Tatar Museum on Arts, republican cultural-ethnographical centers on development of fine and dramatic art, amateur national art groups, Crimean Tatar library by I.Gasprinskyi.

To activate a publication of literature in languages of national communities of Crimea, in particular, in Ukrainian to harmonize ethnical relations in the ARC.

IV. Social-political area
4. 1. Citizenship’s issues.

Realization of right for return.

A lack of Ukrainian citizenship was one of the most serious problems of Crimean Tatar repatriates, including deported Armenians, Greeks, Bulgarians and Germans. Of 265000 Crimean Tatars (under information, which was used before census of 2001), 108000 returned after 13 November 1991 – in this day, the Law of Ukraine “On citizenship” was entered into force. In this connection, they didn’t receive Ukrainian citizenship automatically, and were forced to pass a procedure of naturalization. Of this group 25000 were persons of stateless; it means that obtaining of Ukrainian citizenship by them was simplified by virtue of changes and additions in Law on citizenship, which was approved in April 1997. The rest 83000 were not able to obtain Ukrainian citizenship because of financial and juridical obstacles on a way of refusal from citizenship of those states of CIS, which citizenship they had before return to Crimea, for a majority of them (62000) it was Uzbekistan. For example, a main obstacle for Crimean Tatars, who wanted to refuse from Uzbek citizenship, was payment in size of 100 USD, which was established by Uzbekistan, and also a necessity to apply personally with application, coming in Embassy of Uzbekistan in Kyiv. At parliamentary elections in 1998 approximately 85000 Crimean Tatars (that is more a half of population of that age, who can vote under legislation) had no an opportunity to vote because of a lack of citizenship. On the eve of elections in February-March 1998 were held mass actions of Crimean Tatars, who protest against their illegal position connected with citizenship. Besides a right to elect and be elected, Crimean Tatars, who have no Ukrainian citizenship, were not able to take part in privatization, receive a Free State education, and occupy posts in State machinery.

A deprivation of right of so big number of repatriates to take part in elections was reflected on results of elections in 1998 (see further).

A problem for repatriates-citizens of Uzbekistan, who returned from places of deportation to Crimea, was removed in August 1998, by signing of Ukrainian-Uzbek Agreement on simplified procedure of refusal from Uzbek citizenship and obtaining of Ukrainian by formerly deported persons, latter, was prolonged up to December 31, 2001. Besides, the Agreement allowed Crimean Tatars, who live in the Republic of Uzbekistan and are going to return to Crimea in near time, to draw up refusal from Uzbek citizenship and obtain Ukrainian. Currently, there are 9000 Crimean Tatars in Uzbekistan, who passed this procedure.

A realization of complex of measures by state for obtaining of Ukrainian citizenship with wide support of International Institutions, first of all, UNHCR and bodies of national self-government of Crimean Tatars, actually now solved the problem. On 01.01.2002, 235043 deported Crimean Tatars became citizens of Ukraine that is 90% of total number in the ARC.

However, the simplified procedure for obtaining of citizenship of Ukraine was provided by Law on citizenship and Ukrainian-Uzbek Agreement of 1998, concerned formerly deported persons and their progeny, and not concerned their husbands or wives in case of mixed marriage. These persons were added by 26,100 or 10% repatriates, who live permanently in the ARC, and remain in statute of foreigners. Of them 11,200 citizens of Russia, 3,100 – Kazakhstan, 2,900 – Tajikistan, 1,600 – Kyrgyzstan, 1000 – Georgia, 657 – Azerbaijan and Armenia, and 51 – Moldova. Also, 4100 Crimean Tatars, who returned to Crimea from Uzbekistan, didn’t yet obtain citizenship.

In this connection, the Ukrainian government negotiates with Kazakhstan, Tajikistan, Turkmenistan, Kyrgyzstan and Russia on signing of similar agreements on simplified procedure of obtaining of Ukrainian citizenship for Crimean Tatars.61

In connection that there are 150-200,000 Crimean Tatars in Uzbekistan up to now, and overwhelming majority of them are going to return to Crimea, but because of a complicity of process for return, cannot define its timing framework. The Representation of Mejlis of the Crimean Tatar people in Middle Asia (Tashkent) repeatedly applied to President of Uzbekistan, and Embassy of Ukraine in Uzbekistan to prolong a campaign on simplified procedure of refusal from Uzbek citizenship and obtaining Ukrainian for longer term.62

As practice shows, Crimean Tatars, who registered Ukrainian citizenship in Uzbekistan before 31 December 2001, significantly reduced a number of problems for themselves, which are faced Crimean Tatars are returning to Crimea, being citizens of Uzbekistan. It is important also that Crimean Tatar being Ukrainian citizen has maximal opportunities for realization of his political, socioeconomic rights and integration into legal field of Ukraine.

The conditions for return of Crimean Tatars – citizens of Uzbekistan now more and more become complicated.

The new Law of Ukraine “On citizenship of Ukraine”63 maximally takes into account the interests of persons, having a right for simplified procedure of obtaining of Ukrainian citizenship, including deportees. There is a provision (art.1), under it “independent from person a reason of non-receipt of document on abolition of foreign citizenship” gives a right for applicant, who fulfilled procedure obligations on abolition of foreign citizenship, provided by legislation of this state, not pay consular duty during legalization of exit from foreign state, if its cost is above minimal salary, which was established in Ukraine. As a result, for citizens of the Republic of Uzbekistan, permanently living in Ukraine, including Crimean Tatars, is given an opportunity don’t  pay consular duty which is 100 USD, for abolition of citizenship of Uzbekistan, if this procedure is realized through the Embassy of the Republic of Uzbekistan in Kyiv. This opportunity, even with the account of all costs and time (not less 2 years), necessary for citizens of Uzbekistan at first for receiving “Permanent residence permit in Ukraine”, and than for registration of citizenship of Ukraine, is very important moment in this Law.

However, as it was clarified, citizens of Uzbekistan, who permanently live in Ukraine, including Crimean Tatars, are not able take advantage of this opportunity during registration of Ukrainian citizenship. They will to exit from citizenship of the Republic of Uzbekistan through Embassy of the Republic of Uzbekistan in Kyiv, paid consular duty equal to 100 USD. It is required by article 2 of effective from October 7, 1999, the “Agreement on prevention of cases of dual citizenship between Ukraine and Republic of Uzbekistan” from December 5, 1996.

The provisions of this article stultify a sense of the Agreement between Ukraine and Republic of Uzbekistan on procedure of change of citizenship by citizens of Ukraine, who permanently live in Republic of Uzbekistan and citizens of the Republic of Uzbekistan, who permanently live in Ukraine. And if both these agreements will be not coordinated with each other, Crimean Tatars – citizens of the Republic of Uzbekistan can take advantage of simplified procedure of change of citizenship only on condition of exit from Uzbek citizenship, it means – on condition of payment of consular duty equal to 100 USD.

Under opinion of the Representation of Mejlis, today necessary to apply with proposal on making appropriate changes in the “Agreement on prevention of cases of dual citizenship between Ukraine and Republic of Uzbekistan” from December 5, 1996, or on its anticipatory denunciation.

A situation is yet more aggravated, when a majority of Crimean Tatars are not able to draw up in proper time “Permanent residence permit in Ukraine” because of a lack of certificate of a lack of criminal record, which they are to receive yet in Uzbekistan. Under information of the bodies of the Ministry for Internal Affairs of the Republic of Uzbekistan, the present document can be given to applicant only in presence of official inquiry of appropriate bodies of Ukraine.

In infrequent cases this certificate is given without such inquiry. And if the Bodies of Internal Affairs of Ukraine will not want to make such inquiry under any reasons to the Ministry for Internal Affairs of the Republic of Uzbekistan, appears an exclusive circle, in which Crimean Tatars are doomed to rush about, who arrived in Crimea without such certificates. This problem creates appreciable obstacles for timely receiving a residence permit in Ukraine, without it, citizens of Uzbekistan, as foreigners have no right to receive all forms of pension and job placement and are not able to start a registration of citizenship of Ukraine. This creates difficulties and not promote to integration of deported Crimean Tatars into Ukrainian society.

Under opinion of the Representation of Mejlis in Middle Asia, a requirement of bodies of internal affairs of Ukraine on giving a certificate of a lack of criminal record, which they demand from Crimean Tatars, is illegal and contradicts to part 8 of article 9 of the Law of Ukraine “On Immigration”, which provides for giving such certificates is not required from “persons mentioned in items 1, 3 part of 3 of the article 4 of present Law”. It says – “a husband or wife, if one of them, with whom he or she is married for more 2 years, is citizen of Ukraine, children and parents of citizens of Ukraine” (i.1 p.3 of art.4) or “persons, having a right for obtaining of citizenship of Ukraine under territorial origin” (i.3 p.3 of art.4). Practically, any Crimean Tatar corresponds to one of these provisions.

4.2. Representation in bodies of government

The new Constitution of the ARC (1998) practically excluded Crimean Tatars and other deported people from social-political life. They were not represented in composition of Verkhovna Rada of the ARC in 1998-2002 (the quotas of guaranteed representation of Crimean Tatars were abolished during elections in Verkhovna Rada in 1998), there was very low their representation in bodies of state executive power and local self-government.

A promotion of representatives of Crimean Tatars in service of governmental bodies is characterized by next figures: in 2000, 11 specialists of Crimean Tatars under competition received a job in staff of ministries and republican committees of the Council of Ministers of the ARC. Their general number in composition of State employees is 242 persons, that on 15% more, than in 1999. As deputies heads of the Regional State Administrations and State Executive Committees work 10 Crimean Tatars. On the end of first six months of 2001 specialists-State employees of Crimean Tatars constituted: in Regional State Administrations – 7,8%, State Executive Committees – 3,8 %, in ministries and republican committees – 4,9% of total number. As one can see these figures are very far behind a portion of Crimean Tatars in population of Crimea (more 12%). A situation in a number of ministries and departments of the ARC is very complicated, because a portion of State employers – Crimean Tatars in them is from 0 to 1,5-3%.64 At meeting of the Council of Representatives of the Crimean Tatar people under President of Ukraine, which was held on November 1, 2002, were given the facts of discrimination towards Crimean Tatar specialists by job placement in ministry of finance and economy, Office of Public Prosecutor, custom-house and Security Service, which remain up to now “ethnically clean” from Crimean Tatars.

In Ukrainian Academy on State Management and its branches study 14 specialists of Crimean Tatars, including 9 – entered in 2000. In Center on raising the level of State employer’s skill under Council of ministers of the ARC for 2000-2001 educational year passed re-training more 70 specialists of deported persons. In cadre reserve on substitution of vacant posts of State employers are 328 Crimean Tatars.

Proceeding from statistics, today a level of education of Crimean Tatars is higher among population of Crimea. Crimean Tatars exceed other part of population of Crimea not only by level of secondary, higher and special education, but also by level of professional skill. It shows that representatives of this people have a serious potential of promotion in professional levels. However, the obstacles of discrimination character existing in society are to be removed.

4. 3. Participation in elections

The questions of representation of Crimean Tatars, and other formerly deported ethnical groups (Armenians, Bulgarians, Germans and Greeks), including Karaites and Krimchaks in local bodies of self-government, Verkhovna Rada of the ARC and Verkhovna Rada of Ukraine remained as one the most serious. An intercommunication of representation with solution of a complex of social-economical, cultural and political-legal problems, existing around these peoples and ethnical groups and causing a permanent situation of inequality, was very evident.

The most consistent and combined, with proposal of different variants, which could be reflected in legislative acts, were concerned at all levels by representatives of the Crimean Tatar people. Their advantage was a presence of national political structures (Kurultay and Mejlis), through them was made a coordination of such complicated activity.

An estimation of present situation of representation would not be complete and understandable, if one doesn’t consider this question in dynamics, where the main time knot were elections in 1994, 1998 and 2002.

As is well known, in autumn of 1993 under pressure of demonstrations and meetings of Crimean Tatars, the Supreme Soviet of Crimea adopted a decision to make quotas for Crimean Tatars, Armenians, Bulgarians, Greeks and Germans for convocation (it means 4 years) on elections of deputies in Crimean Parliament.

The proposals of Crimean Tatar representatives to give quotes for Karaites and Krimchaks were not supported by Verkhovna Rada of Crimea. In 1994, in the Supreme Soviet of Crimean were elected in multi-mandate constituency 14 Crimean Tatar deputies and one deputy from Armenians, Bulgarians, Greeks and Germans. Crimean Tatar deputies were proposed by their National Congress, Kurultay, and others – by appropriate national communities. The rest 86 deputies were elected under majority system. In 1994, in Supreme Soviet of Ukraine none of representatives of Crimean Tatars and other national minorities were elected. They were very badly represented in bodies of local self-government after elections, which were held in 1995. The Law of Ukraine “On features of participation of citizens of Ukraine of deported people from Crimea in elections of deputies in local councils of the Autonomous Republic of Crimea” which was specially adopted approved a very cumbersome and discrimination procedure of elections. In this connection, at the meeting on April 14, 1995, the Mejlis of the Crimean Tatar people, proceed from that the Law, which was adopted by Ukrainian Parliament, doesn’t allow for all Crimean Tatars, who returned to the Motherland to take part in elections of deputies, adopted a decision “to consider as impossible a participation of compatriots in elections…as long as will be not removed the existing obstacles and restrictions”.

In elections of 1998 of 100 constituencies in 44 were 71 candidates of representatives of Crimean Tatars, but none was elected in Verkhovna Rada of autonomy (except Lentun Bezaziyev, the main reason of his election was his membership in Communist Party of Ukraine). The obstacle for election became strict requirements of legislation on elections, which don’t allow to take part in them non-citizens of Ukraine. Only, Crimean Tatars, who had no time to obtain Ukrainian citizenship, were about 85000 persons. Proposed candidatures of Crimean Tatars were deprived by this Law and a support of almost half of own compatriots-electors. So, in March of 1998, on the eve of elections were held mass actions of Crimean Tatars against deprivation of their political rights.

In bodies of local self-government of different level was elected as a whole 10, 1% Crimean Tatars (totally 586 deputies). Under information of Center of Information and Documentation of Crimean Tatars in 1998 were elected 40 deputies of Crimean Tatars of 779 places in 14 district councils of Crimea, in 11 town councils of republican importance – 7 of 428 places, in town councils of regional importance – 12 of 137, in settlement councils – 32 of 813, in rural councils 489 of 4150, in regional councils of Simferopol – 6 of 122 places.

In Verkhovna Rada of Ukraine were elected two deputies – Mustafa Dzhemilev (under list of Party of National Movement of Ukraine) and Refat Chubarov, who won his rivals in single-mandate constituency #8.

The elections of deputies of the Verkhovna Rada and local bodies of self-government of the Autonomous Republic of Crimea were held in same day as elections of people’s deputies of Ukraine – 31 March 2002. In accordance with effective legislation the deputies of Verkhovna Rada of the ARC were elected by citizens of Ukraine, who permanently live in the Autonomous Republic of Crimea, under majority system by relational majority of votes. Totally, are elected 100 deputies.

In statement of Mejlis of the Crimean Tatar people from 29 December was noted “a present system of forming of the Verkhovna Rada of the ARC keeps evident discrimination towards Crimean Tatars, who in conditions of dispersed settling on peninsula are not able to influence really on results of forthcoming elections in Crimea, and also on forming of the bodies of executive power of autonomy… The Election Commission of the ARC performs the order of leader of Crimean communists L. Hrach, who openly holds a principle of isolation of Crimean Tatars from process of “management over Crimean society formed constituencies by such way, that maximally “to dissolve” in them the votes of electors – Crimean Tatars”.65

In spite of it, the national bodies of Crimean Tatars adopted a decision to take part in elections. A mission in nomination of candidatures of Crimean Tatars was traditionally taken by Kurultay of the Crimean Tatar people. At II session of 4th Kurultay on January 19, 2002, the delegates of Crimean Tatar National Congress approved the candidates for election of deputies of the ARC more than in 50 constituencies, and also in 6 single-mandate ones for election of people’s deputies of Ukraine.

On elections the Crimean Tatar political forces proposed for electors of peninsula a wide program of actions, ways for solution of problems, which disturb not only the electors of Crimean Tatars, but also representatives of other peoples of Crimea.

In day of elections, 31 March 2002 because of a bad organization of elections at constituencies stood great lines of electors. Tens thousand of electors of autonomy were not able to receive bulletins for their will before closing of constituencies. A lot of constituencies were placed in narrow unadapted accommodations for voting. In day of elections, in settlements of compact living of Crimean Tatars was formed a real critical situation, because the constituencies were placed in temporary accommodations or carriages.

For Crimean elections of 2002 was typical a hard-edged fight, which was caused by rejection of the most part of political elite of Crimea independently on party belonging the authoritarian style of chairman of Verkhovna Rada of the ARC Leonid Hrach, ambitious politician, who all his efforts directed on strengthening of personal power.

Another feature of electoral campaign in the ARC became a refusal from playing of anti-Crimean Tatar card, as it was traditionally made in Crimea. It was caused, first of all, by a necessity of joining the political forces against Leonid Hrach. Because some of those political forces, which could potentially to play, were to work closely side by side with others against Crimean communists, so they had to refuse from using such technology. A non-using of it can be explained also that a certain number of as material as temporary funds were directed against direct rivals, in this connection, a desire to use anti-Crimean Tatar moods was difficulty to realize. It is truth there were the appeals to appropriate social moods during electoral campaign of 2002, but they didn’t become such mass tool of electoral struggle and not obtained such aggressive forms, as it was during in previous election campaign.66

On April 15, 2002, the Verkhovna Rada under national sign was following: Russians – 42; Ukrainians – 35; Crimean Tatars – 8; Jews – 4; Gagausians – 2; Abkhazians – 1; Armenians – 1; Greeks – 1; Czechs – 1; totally was elected – 95.

Of formerly deported national groups in Parliament of Crimea there were no representatives of German and Bulgarian communities. The representatives of Armenians and Greeks, who were mentioned in table, were not nominated by national communities as in elections of 1994, when acted a system of quotas.

The progress of lections on 2002 exceeded previous: 8 deputies of 100 in Verkhovna Rada of the ARC, and 992 deputies of 6614. The results of elections in local bodies of self-government concerning representation of Crimean Tatars were significantly heavy than in Verkhovna Rada of the ARC. The received results were even some higher than a general portion of Crimean Tatars in composition of population of Crimea.

On April 15, 2002, as deputies of local councils of the ARC were elected 6614 persons, including 992 representatives of Crimean Tatars (13,9%), among them: in cities of republican subordination 63 (4,9%), in rural districts – 839 (16%).

At the same time, Crimean Tatars were not represented: in composition of town councils of Alushta, Dzhankoy, Kerch; Central regional council of Simferopol, including 10 settlement councils, territorially related to cities of Yevpatoria, Simferopol, Yalta, Feodosia, Sudak and Alushta. They were not elected also in composition of 31 rural councils of 243 rural councils (12,6%).

A number of elected Crimean Tatar deputies in local (rural, settlement, town, regional councils) depended, first of all, on a number of Crimean Tatar-electors in present locality. So, in separate rural councils their number exceeded significantly the Crimean level, for example: in Zemlyanichneskyi of Belogorsk region – 9 of 15 (60%); Zolotopolnenskyi of Kirovskyi region 13 of 25 (52%); Zheleznodorozhneskyi rural council of Bakhchisarayskyi region – 8 of 18 (44,4%).

Most of all Crimean Tatars are in city councils in Sudak 7 of 25 (28%). At the same time, in Simferopolskyi town council there is only 6% (3 deputies).

A representation of Crimean Tatars in regional councils of the ARC is the highest in: Belogorskyi -38,5 % (22 deputies); Kirovskyi – 23 % (9 deputies), Sovetskyi – 19,4 % (7 deputies); Krasnogvardeyskyi – 18,3 % (11 deputies). In Pervomayskyi, Chernomorskyi, Bakhchisarayskyi and Dzhankoyskyi regions Crimean Tatars in deputy’s corps are from 13 to 15, and in Leninskyi, Sakskyi and Simferopolskyi regions from 7 to 10%. A small number of Crimean Tatars was elected in local councils of Krasnoperekopskyi, Nizhnegorskyi and Rasdolnenskyi regions.

The comparative (in comparison with elections in 1998) a success of representatives of Crimean Tatars during elections in bodies of local self-government and Verkhovna Rada of autonomy in March 2002 was caused by next factors:

- a significant increase of a number of electors in comparison with elections in 1998 – Crimean Tatars – more than 60,000. This increase – a result of direct influence of approved new Law “On citizenship of Ukraine”, and also a successful realization of bilateral agreement between Ukraine and Uzbekistan on citizenship’s issue for deported persons and their progeny;

– conscious understanding of population, including Crimean Tatar, an importance of personal participation in forming of electoral bodies of power;

– a campaign on nomination of candidates in deputies, which was successfully organized by the Mejlis of the Crimean Tatar people, during which was succeed to submit united candidatures of Crimean Tatars in a majority of constituencies, especially in bodies of local self-government;

– active attraction of population in regions by local and regional mejlises to discussion of problems, which are equally urgent for all electors: land, social, questions on political and economical stability, religious tolerance, equal attitude to linguistic and cultural peculiarities of all ethnical communities of Crimea.

The results of past elections concerning representation of Crimean Tatars for some part of political elite of Crimea became enough unexpected. The opponents of legislative making a mechanism of guaranteed representation of Crimean Tatars in Verkhovna Rada and bodies of local self-government have hurried to state that it is possible a representation of Crimean Tatars without such legal regulation. The similar statements were sounded especially loudly on the hand of those political forces, which have tried to thrust fictitious myths on Crimean Tatar and Islamic threats on a part of Crimean society, which were made by them.

It is obvious that the results of past elections confirmed a thesis: under conditions, when a real option of the Crimean Tatar electors, who being in incommensurably numerical minority, will not be deformed by arithmetic majority of votes of numerically predominant non-Crimean Tatar electors, only when Crimean Tatars will have real opportunities not only to take part in elections, but also really influence on their results in definite measure. During past elections a “withdrawal” of forces of the main opponents of representation of Crimean Tatars in bodies of government on fight with each other, gave an opportunity for Crimean Tatars “to race past” in bodies of local self-government. It was formed, because there was such apportionment of political forces in Crimea before and during elections on March 31. However, a representation of Crimean Tatars in bodies of government of the ARC cannot be a hostage of political conjuncture on peninsula. While, a level of providing of Crimean Tatars (social-economical activities) doesn’t reach a middle-statistic one in Ukraine, a problem of quotas and other tool, which would guarantee a representation, is urgent.

As exit from such situation is to be the new Law of Ukraine “On elections of deputies of the Autonomous Republic of Crimea”, in which it is necessary to provide for all an electoral system.67 The new electoral law is to take into account and contains guarantees for solution of representative problems of Crimean Tatars and other formerly deported ethnical groups, as it is practiced in other states of the world, where certain ethnical groups have a guaranteed representation.

The experts, who are engaged in Crimean Tatar problem, note that there are opposite approaches in solution of Crimean Tatar issue, including a representation in bodies of government. First - an overcoming of consequences of deportation that is a giving of certain temporary preferences as long as Crimean Tatars will not compare with other population by a number of indexes of life support. Second approach - independently on indexes of social-economical satisfaction of needs of Crimean Tatars, this ethnos belongs to specific category of minorities, namely to indigenous peoples of Crimea, nations without own statehood. It means that indigenous peoples are to be guaranteed a right for participation in process of adoption of political decisions. This approach is practiced in modern world, in particular in states of Central and Eastern Europe, and this tendency is intensified. The guaranteed representation of such ethnical communities in the bodies of government results as a rule to significant reduction of conflict potential.

The only majority system of elections contains a threat of ethnical opposition. It is necessary to find such mechanisms of electoral system, which could maximally to remove the ethnical aspects of competition between candidates in deputies. It is understandable that one needs such competition, which is based on political, economical and ideological bases.

A giving of quotas under ethnical sign can actualized a division of candidates by ethnical sign. But a present circumstance is not a decisive argument in favour of refusal from quota system. Political arrangements on resumption of quotas can be successful, if parties find inter-acceptable decisions.

The decisions on base of proportional system can be successful. However, an implementation of proportional system in Crimea requires additional analysis in sphere of establishment of effective mechanisms of realization under requirement of the guaranteed representation of Crimean Tatars in Verkhovna Rada of the ARC.

Notes

*The article "The review of problems on inequality and discrimination in Ukraine. The Autonomous Republic of Crimea” was prepared within the framework of the Stability Pact “Non-Discrimination Review" project of the Secretariat of the Framework Convention for the Protection of National Minorities of the Council of Europe.

It is published by approbation of author and Stability Pact Secretariat of the Framework Convention for the Protection of National Minorities of the Council of Europe.

1Consideration of draft on rehabilitation of deported peoples in Parliament of Ukraine 1-2 November 2000. Simferopol, 2001.

2The explanatory note of draft Resolution of the Verkhovna Rada of Ukraine “On recommendations of parliamentary hearings “The problems of legal regulation and realization of a State policy concerning providing of rights of the Crimean Tatar people and National Minorities, who were deported and are voluntarily returning to Ukraine” /Krimskii Studii, Kyiv, informational bulletin #1, 2000, p.9.

3Remsi Ilyasov. Analysis of financing of a return and resettlement of Crimean Tatars for 1991-2001.

4Remsi Ilyasov. Analysis of financing of a return and resettlement of Crimean Tatars for 1991-2001.

5Land distribution for Crimean Tatars: Is there a solution? /Krimski Studii, Kyiv, informational bulletin, #4 2000., p.35

6The Decree of the President of Ukraine #720 from 8 August 1995 «On procedure of land sharing, which were given in collective property of agricultural enterprises and organizations».

7The fourth session of III Kurultay of the Crimean Tatar people. Documents and materials. Simferopol, «Odzhak», 2001, P.37

8The statement of participants of meeting in v. Urozhaynoye of Simferopol region of Crimea. 13 February 2001 the resolution of meeting of Crimean Tatars on March 15, 2001 in Simferopol.

9Leonid Pilunskyi, executive director of Crimean Center on Human Rights by P.Hrihorenko. Uroki holodnoy grazhdanskoy voyni (Lessons of Cold Civil War). /newspaper «Golos Krima», (The Voice of Crimea) #28, (399), 6 July 2001.

10There is a double standard in solution of land issue in Crimea. (Interview with member of Work Group on Agrarian Policy, candidate of agricultural sciences M. Sokhtayev). / newspaper «Avdet», #8 (226), 19 April 2001.

11The fourth session of III Kurultay of the Crimean Tatar people. Documents and materials. Simferopol, «Odzhak», 2001, P.36-38.

12In Council of Representatives of the Crimean Tatar people. /Krimski Studii, Kyiv, informational bulletin #1 (7), 2001. P.4; #2-3 (8-9), 2001. P.4; #4 (10), 2001. P.4, 6; Instructions of the President of Ukraine, which were given after meeting of Council of Representatives of the Crimean Tatar people. /Krimski Studii, Kyiv, informational bulletin #4, 2000, P.7.; #1 (7), 2001. P.6.; #4 (10), 2001. P.6

13The fourth session of III Kurultay of the Crimean Tatar people. Documents and materials. Simferopol, «Odzhak», 2001, P.42

14The appeal of the fourth session of III Kurultay of the Crimean Tatar people to President of Ukraine L.Kuchma, Chairman of Verkhovna Rada of Ukraine I.Plusch, prime-minister of Ukraine V. Yuschenko, Chairman of Council of Ministers of the ARC S.Kunitsin «On necessity of adoption of concrete measures on providing of deported Crimean Tatars by land shares».

15The appeal of Chairman of Council of Ministers of the ARC S.Kunitsin, Permanent Representative of the President of Ukraine in Crimea A.Korneychuk, Chairman of Council of Representatives of the Crimean Tatar people under President of Ukraine M.Dzhemilev to President of Ukraine./newspaper “Avdet”, #7, 4 April 2001.

16The resolution of funeral meeting of the Crimean Tatar people, dedicated to 57th Anniversary of deportation. 18 May 2001.

17The speech of M.Dzhemileva at the first session of IV Kurultay of the Crimean Tatar people (Simferopol, 9 November 2002)/Krimskii Studii, Kyiv, informational bulletin #5-6 (11-12), 2002. P.14-15.

18Ibidem P.14-15

19Yu.Bilukha, O.Vlasenko. A development of ethnopolitical situation in Crimea, and solution of problems of the Crimean Tatar people. /Krimskii Studii , Kyiv, informational bulletin #1-2 (13-14), 2002. P.51

20V.Darg Dzhankoyskyi region: is possible an establishment of land status quo? /newspaper «Golos Krima», # 48(472-473), 6 December 2002, P. 3.

21The speech of M.Dzhemilev at funeral meeting on May 18, 2001 in Simferopol.

22Lentara Khalilova Is no any opposition for solution of Crimean Tatar problems?... /«Golos Krima», (The Voice of Crimea) # 27(451), 12 July 2002, p. 1; Remsi Ilyasov. The economical factor of integration. Report at “round-table” «The dialogue of cultures: problems of integration into Crimean community», September 2002, Simferopol.

23Rayet Abdulayev. The right of indigenous people for land property. /newspaper  «Golos Krima», #29 (400), 1 July 2001.

24Does land knot in Crimea to be undone?/ newspaper  «Golos Krima», # 37, 20 September 2002, p. 3

25V.Darg. Land seminar in Mejlis: there are questions. Will be the answers? /newspaper  «Golos Krima», # 25(449), 28 June 2002, p. 1.

26Mustafa Dzhemilev. Reports at sessions of Kurultay. Simferopol, 2001, p.159.

27Remsi Ilyasov. Economical factor of integration. Report at the round table «Dialogue of cultures: integration’s problems into Crimean society», September 2002, Simferopol.

28Rayet Abdullayev, Doctor of Economical Sciences, professor. The right for land of the indigenous people. /newspaper «Golos Krima» (The Voice of Crimea), #29 (400), 1 July 2001.

29Irina Prybitkova Doctor of economical sciences, professor, Director of Center on research of population of Ukraine under "The Kyiv-Mohyla Academy". Resettlement, adaptation and integration of formerly deported Crimean Tatars (on June of 2000). / Krimskii Studii, Kyiv, informational bulletin #1-2 (13-14), 2002. P.67

30Materials of the Third International Donor Conference for Assistance in Return and Integration of FDP, who return in Ukraine (6 December 2002). Speech by Daggles Gardner, representative of UNPD, coordinator of UN System in Ukraine. / Krimskii Studii, Kyiv, informational bulletin #1-2 (13-14), 2002. P.31

31Ibidem. Speech by Alp Karaosmanoglu, ambassador of Turkey in Ukraine, P. 38.

32Y.Bilukha, O.Vlasenko. The development of ethnopolitical situation in Crimea and solution of problems of the Crimean Tatar people. / Krimskii Studii, Kyiv, informational bulletin #1-2 (13-14), 2002. P.51

33The extract from parliamentary hearings “The problems of legislative regulation and realization of a State Program concerning providing the rights for Crimean Tatar people, National Minorities, who were deported and are voluntarily returning in Ukraine. Verkhovna Rada of Ukraine, 5 April 2000. Speech by M.H.Zhulinskyi, vice-premier of Ukraine/ Krimskii Studii, Kyiv, informational bulletin #3, 2000. P.5

34The stenogram of discussion at Session of Council of Europe (5 April 2000). P. 5 Repatriation and integration of Crimean Tatars. Report by Lord Ponsonbi, add.8655, on behalf of Committee on Migration, Refugees and Demography. /Krimski Studii, Kyiv, informational bulletin #3, 2000. P.39

35M.Dzhemilev. Reports at session of Kurultay, Simferopol, 2001, p.159-160.

36Speech by chairman of the Crimean Tatar people at mourning meeting 18th May 2001 in Simferopol.

37Remsi Ilyasov, deputy chairman of Mejlis of the Crimean Tatar people. Social-economical position of Crimean Tatars.

38Ibidem.

39Mustafa Dzhemilev. The reports at sessions of Kurultay. Simferopol, 2001, p.160.

40Irina Prybitkova Doctor of economical sciences, professor, Director of Center on research of population of Ukraine under "The Kyiv-Mohyla Academy". Resettlement, adaptation and integration of formerly deported Crimean Tatars (on June of 2000). / Krimskii Studii, Kyiv, informational bulletin #1-2 (13-14), 2002. P.63

41Ibidem, p.65

42Program on adaptation and integration of deported Crimean Tatars, including persons of other nationalities into Ukrainian society, and rebirth and development of their culture and education. It was approved by Resolution of Cabinet of Ministers of Ukraine #29 from 10 January 2002.

43Program on assistance for social formation and adaptation of Crimean Tatar youth on 2002-2005. It was approved by Resolution of Cabinet of Ministers of Ukraine # 88 from 25 January 2002.

44Instructions of the President of Ukraine, which were given after meeting with the Council of Representatives of the Crimean Tatar people under President of Ukraine: from 15 May 2000, out. #1-14/542; from 21 November 2000, out. # 1-14/1475

45Remzi Ilyasov, deputy Chairman of Mejlis of the Crimean Tatar people. Social-economical position of Crimean Tatars.

46Recommendation of the Council of Europe #1445 (2000) «Repatriation and integration of Crimean Tatars of Crimean Tatars» /Krimskii Studii, Kyiv, informational bulletin #3, 2000. P.48

47Ibidem, P.49

48R.Chubarov, People’s Deputy of Ukraine. The Crimean anxieties... /Krimskii Studii, Kyiv, informational bulletin, #4, 2001, p.38

49Information of the Ministry of Education of the ARC on situation of studying of Crimean Tatar language and education in Crimean Tatar in educational institutions of general education of the ARC on October 20, 2002.

50L.Nafeyeva, head of Department of Management on Education in Crimean Tatar of the Ministry of the ARC. It is prestige to know native language /«Golos Krima», (The Voice of Crimea) #38, 27 September 2002. P. 2

51The report by People’s Deputy of Ukraine R.Chubarov at International Forum on culture and national identity “Local cultures of Crimea and their role in future of Ukraine” 3-5 October 2002, s. Partenit, ARC, Ukraine.

52Information of the Ministry of Education of the ARC on situation concerning studying of Crimean Tatar language in educational institutions of general education of the ARC on November 20, 2002.

53The report by head of the Department on Education in Crimean Tatar language of the Ministry of Education of the Autonomous Republic of Crimea L.Nafeyeva at International Forum on culture and national identity “Local cultures of Crimea and their role in future of Ukraine” 3-5 October 2002, s. Partenit, ARC, Ukraine.

54Education – for special assignments /“Krimskaya Svitlitsa”, #29, 19 July 2002, p. 10.

55Under materials of research of member of all-Ukrainian informational cultural center Ervin Umerov, 2001.

56Yu.Vovk, S. Madzey, V.Smoliy. History of Ukraine. 7th class, Ternopol, “Mandrivets”, 1997, p. 32.

57History of Ukraine” 7th class. R. Lyakh, N. Temirova. Kyiv, “Geneza”, 2000.

58A.K. Shvidko. “History of Ukraine in 16-18 centuries”, textbook for 8th class (was published in Russian and Ukrainian”. Kyiv, “Geneza”, 1999.

59The Memorandum of the International Forum on Culture and National Identity “Local cultures of Crimea and their role in future of Ukraine”, 3-5 October 2002, s. Partenit, ARC.

60Adile Emirova. A linguistic competence of Crimean Tatars. /newspaper “Golos Krima”, #8 (379), 16 February 2001.

61Y.Bilukha, O.Vlasenko. The development of ethnopolitical situation in Crimea and solution of problems of the Crimean Tatar people. / Krimskii Studii, Kyiv, informational bulletin #1-2 (13-14), 2002. P.53-54

62Ali Khamzin, Representative of Mejlis of the Crimean Tatar people in Central Asia. Crimean Tatars: Diaspora in Uzbekistan. Yangiyul, Uzbekistan, 5 September 2002.

63Law of Ukraine “On citizenship” from 1 March of 2001.

64 Y.Bilukha, O.Vlasenko. The development of ethnopolitical situation in Crimea and solution of problems of the Crimean Tatar people. / Krimskii Studii, Kyiv, informational bulletin #1-2 (13-14), 2002. P.54-55

65Statement of Mejlis of the Crimean Tatar people “On establishment of single-mandate constituencies on elections of deputies of Verkhovna Rada of the ARC” from 29 December 2001.

66Ukrainian Independent Center of Political Researches. The results of elections in Crimea in context of search of possible political compromises. / Krimski Studii, Kyiv, informational bulletin #3-4 (15-16), 2002. P.28-36

67Refat Chubarov. The elections on March 31, in the Autonomous Republic of Crimea. /Krimski Studii, Kyiv, informational bulletin #3-4 (15-16), 2002. P.12-27