ODIHR Director Link and OSCE Chair Special Representative Erler express concern over listing of Russian organisation Memorial as a “foreign agent”

WARSAW / BERLIN, 7 October 2016 – Michael Georg Link, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and Gernot Erler, Special Representative of the German OSCE Chairmanship expressed their concern that the human rights group International Historical, Educational, Charitable and Human Rights Society “Memorial” was named a “foreign agent” by the Ministry of Justice of the Russian Federation earlier this week.

“I am concerned to learn that ‘Memorial’, one of Russia’s and Europe’s most respected human rights groups, has been deemed a ‘foreign agent’,” Director Link said. “Memorial’s contribution to recording and publicizing the totalitarian crimes of the Soviet state, along with its work to monitor the respect for human rights in Russia today, are invaluable.”

Special Representative Erler said: “Over the past decades, ‘Memorial’ has made an important contribution to a more open society with its historic work to raise public awareness and its commitment to human rights. The organisation is, as a result, held in high esteem in Russia and internationally. The decision against ‘Memorial’ as a ‘foreign agent’ highlights the serious problems faced by non-governmental organisations working in Russia. With this decision, the scope for civil society organisations working on social and political questions has been reduced further."‎

In Copenhagen in 1990, OSCE participating States committed to ensuring that individuals are permitted to exercise their freedom of association, including the right to form, join and participate effectively in non-governmental organizations which seek the promotion and protection of human rights and fundamental freedoms.

“The Ministry’s move to have the group registered as a ‘foreign agent’ is cause for serious alarm, given the commitments the Russian government has made to protecting and promoting fundamental freedoms, including of association and expression,” Director Link said. “Memorial and groups like it must be free to perform their vital role in helping safeguard these and other rights.”

“Memorial” announced on 4 October that the Ministry of Justice had named it as a “foreign agent” and linked the designation to its outspoken political statements. It is the seventh organization within the “Memorial” human rights network to receive such classification under a controversial law that went into force in 2012. The Council of Europe’s Venice Commission 2014 opinion on this law highlighted unduly burdensome reporting and inspection requirements for NGOs once registered with “foreign agent” status.

The ODIHR/Venice Commission Guidelines on Freedom of Association lay out international standards for drafting human rights-compliant legislation on associations.