We ourselves are not local government

The Constitutional Court refused to resolve ethno-territorial conflicts

The Constitutional Court of Russia refused to act as the final authority in one of the ethno-territorial conflicts that arose in the North Caucasus in connection with the reform of local self-government. Yesterday, constitutional judges stopped proceedings on a complaint from citizens of Kabardino-Balkaria who challenged the new laws of their republic, according to which their rural settlements were annexed to the city of Nalchik.

The laws “On the administrative-territorial division of Kabardino-Balkaria” and “On the status and boundaries of municipalities in Kabardino-Balkaria” were adopted in February 2005 - several months before the change of president in this republic and the militant attack on its capital, which occurred on 13 --October 14. According to these laws, several villages populated predominantly by ethnic Balkars were annexed to the municipality of Nalchik. At the same time, their residents lost the status of villagers, which implied a 25 percent increase in the salaries of state employees, began to pay increased property taxes, and lost the agricultural land on which they lived during all previous years. In addition, they essentially lost their ethnic self-government: the Balkar enclaves, included in the predominantly Kabardian and Russian Nalchik, automatically lost any political influence.

Last year, residents of Khasanya, Belaya Rechka and several other Balkar villages, absorbed by Nalchik after the start of municipal reform, tried to challenge the relevant republican laws in court. But the Supreme Court of the Republic decided not in their favor, recognizing that the challenged regulations were fully consistent with federal legislation. Then residents of the villages, in particular Khasanya, tried to hold a referendum, in which, according to representatives of the Balkar community, most of the villagers spoke out against inclusion in Nalchik. The results of the referendum, which was not officially authorized, were not recognized by the republican authorities.

After this, the Balkar public split. Part of it, including the leader of the public organization of Balkars “Alan” Sufiyan Beppaev, believes the promise of the new President of Kabardino-Balkaria, Arsen Kanokov, to maintain a balance of ethnic interests in the republic that is acceptable to all. The other part, grouped mainly around the leaders of rural communities of the annexed settlements, is very skeptical about the promises of the authorities.

By the way, before the militants’ raid on Nalchik, it was the Balkars who were considered the least trustworthy part of the republic’s population. This ethnic group constitutes a minority in the CBD, suffering from unemployment and landlessness much more than others, and the revision of municipal boundaries has only exacerbated this situation. Social disadvantage and symbolic representation in power structures pushed Balkar youth towards the so-called “pure Islam”. The widely known militant jamaat "Yarmouk", almost completely liquidated by the security forces several months before the attack on Nalchik, consisted mainly of Balkars. The first cleansing operations after the October raid also took place in Balkar villages, although the majority of the attackers were Kabardians.

The refusal of constitutional judges to consider complaints from residents of Balkar villages about unfair redistribution of land hardly contributed to further stabilization in the vicinity of Nalchik. The judges, however, referred to the fact that the republican laws challenged by the villagers do not contradict federal law No. 131 “On the general principles of organizing local self-government in the Russian Federation.” Citizens had no complaints about this law. Although it is known that Kabardino-Balkaria is by no means the only place in the North Caucasus where this regulatory act has again brought to life ethno-territorial conflicts that seemed to have died down in the first half of the 90s of the last century.

Theoretically, dissatisfied villagers can now challenge Federal Law 131 itself in the Constitutional Court, which has already been quite significantly amended by legislators since its adoption. For their part, the KBR authorities, represented by President Kanokov, are betting on ensuring equal rights for all residents, regardless of their ethnicity, thus reducing its importance in political life. However, such significant mental changes will require too much time.

Ivan SUKHOV