JPRS ID: 10528 USSR REPORT POLITICAL AND SOCIOLOGICAL AFFAIRS

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• Sequence Number: 41
• Content Type: REPORTS

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~ JP~S L/ 10528
- 18 May 19~2
USSR Re ort
p
POLITICAL AND SOCIOLOGICAL AFFA.IRS
. ~FOUO 15/82) ~
FBIS FOREIGN BROADCAST INFORMATION SER~ICE
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JPRS I,/10528
18 May 1982
USSR REPORT
POLITICAL AND $OCIOLOGICAL AFFAIRS ~ ~
~FOUO 15/82~
CONTENTS
INTERNATIONAL
Propaganda, Organizational Work in Afghanistan Described
(Georgiy Melikyants; ZVEZ~A VOSTOKA, Feb"82) 1
NATIONAL .
~ Lege~. Status of Forei~nners in ~SR DePined
(N.V. Mironov; SOVETSKOYE GOSUDARS't'VO I PRAVO, 2dar 82) 16
New Moaques in Soviet Union Listed, Described
(MUSLIN6 OF THE SOVIET EAST, 1982} 28
- a - [III - USSR - 35 FOUO]
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' INTERNATIONAL
_
PROPAGANDA, ORGANTZATIONAL WORK IN AFGHANISTAN DESCRIBED
Tashkent ZVEZDA VOSTOKA in Russian No 2, Feb 82 pp 170-183
[Article by Georgiy Melikyants: "From an Afghan Noteb~~ok"j
- [Excerpts] We set out from the base point in the area of the Khayrakhan Pass.
Burnt out grass on low hills--that ��~as the entire roadside landscape.
_ The detaChment is an unusual one: Agitation and propaganda. Abbreviated--APO.
The backbone consists of three dozen specially trained fellows: lecturers, film
engineers, musicians, sound operators, and a doctor. Besides the ability to
speak persuasively, sing, dance, play musical instruments, and use a microphone,
it was also necessary to have personal coverage and to be able to shoot well.
For the planned route passed through areas where the situa'tion was far from
calm. Otherwise, why such a detachment?
I will run ahead: The full APO returned to the base.
The fellows were equi~ped with two broadcasting stations, a field club with movie
- equipment, and a mobile photo exhibit. The entire vehicle was loaded with big
boxes containing magazines, p~sters, books, insignias, and souvenirs. The record
collection was packed in a sep~:-ate box, and erected on top of everything were
cases containing Central Asian folk instruments. '
It was a hot time for a propaganda campaign. In both senses. In the shade the
thermometer showed 45, but first you had to find th~ shade. It was later that
we encountered dense vineyards, orchards, and even snow on the Salang Pass. But
the road began wi`h an ash-gray plateau.
Th? summer had opened up all of the secret paths by which the bands of so-called
'~'rebels" f~ltered into this area of the country from Pakistan. This was, as it
� later turned out, the "peak" of their thieving activities. Shamelessly plundering
and mercilessly killing, the bandits appeared now here and now there, burned
schools, committed acts of violence, and prevented peasants from gathering the
harvest. In bestial anger,~ they have taken cruel revenge on those who have worked
in the local agencies of people's power. ,
They have also come up to the ~oad: They have attacked transportation and have set
up ambushes.
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The population was frightened, and in some places simply cowed. How do you
support people and help them to free themselves from fear in order to b e able to
organize themselves for resistance? Evil had to be opposed with good, horrors with
faith, and fire and lead with words of truth.
Who?
The people that came together in the detachment were of different ages, back-
grounds, education, and temperanent. The experience in life of some was supple-
_ mented by the gifts of others, and a lack of agitator s~ills was made up for by
an enormous desire to be of use. These were dissimilar, but in essence the same
people.
During the course of the campaign some people were replaced, and some stayed in
the villages to keep on working. As it moved forward local activists poured into
' the detachment. But as it had had one face in the beginning, so it remained until
the end--put together according to a single principle and acting according to a
single will.
Aminuddin Saidi--thick-set, of average height, light-haired, and with a broad,
kind sm~le. A native of Kabul and a graduate of the university, he was the chief
authority in the detachment on religion. His precise answers which revealed a
deep knowledge sometimes amazed the professional clergymen, experts on the Koran.
Amon Ashkrez was the soul of the music group. It is impossible to say which
instrument he did not know how to play. And he was a first-class dancer; and
the kind of singer that, when they heard him, people, it seemed, forgot about time
_ and about the fact that there were many listeners, but really only one singer.
By profession Amon was a schoolteacher. He taught the native language and litera-
tura. But already during the time of King Zahir Shah he began to make appearances
on the radio with caustic little songs about extortioners and soulless officials.
He very quickly became famous under the pseudonym of Mirza-Kalan. The pseudonym,
however, was quickly uncovered and, as was natural under those conditions, he
began to be persecuted. After the second stage of the April Revolution Ashkrez
was invited to the CC of the Democratic Youth Organization of Afghanistan. He was
asked: "Would you not be able to set up an agitation team? People in the villages
and at the factories are in such need of living'truthful worcis and of good songs!"
Ashkrez. of course, agreed immPdiately.
The fellaws that were selected were talented and in love with music and folk songs.
The 18-year-old Farid Rastagor--the accordionist--was ready to sing and play for
simple people day and night. Equally obsessed with art was the 17-year-old
singer Yakhson Akhmad who was dreaming of entering a technical vuz after high
school. Mokhammad Kasym, the ensemble's doyrist, ai~so woulcl have liked to have
- become an engineer. Mokhammad Omar showed himself to be the virtuoso in playing
Afghan f'olk instruments. During the.qear of joint crr:a~ive work all of them, as .
they say, got into great tune together.
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Amon, as their leader, had that amazingly subtle sense of the audience which
distinguishes the best representative of two very kindred professions--the
le~turer and the actor. But he ~~t only perceived the mbod of people--he
skillfully controlled it. His young musicians were a match for him.
The mullah Sultan Mokha~ad covered the whole road with the detachment. He took
the April Revolution to heart--he himself was poor and was the camforter of the
poor. This kind of mullah understood with his innards: People's power would
unfailingly re~rganize life on other, 3ust principles. He was certain that this
power was from Allah. And for this reason in his sermons he passionately asserted
that those who were doing evil would not see the good of Allah, for it would
never be given to them to stand before his gaze. In revenge, the "bandits" ~
kidnapped Sultan Mokhammad's family. And this again convinced him that his place ~
was in the detachment.
The universal favorite was the army political worker, Lieutenant Colonel Baki.
Still a young man, he cnuld, it seemed, change the convictians of even a gray-
- haired old timer without difficulty. Weil-bred, tolerant, delicately polite,
Baki gave an example of the kind of uncounterfeit respect for the customs,
traditions, and mores of the population wt-.ich in the end gained the detachment
interest and, most important, the trust of many thousands of people. Such
experienced people who had seen a lot in their lives as Baki or, for example,
the chief of the propaganda section of the Kabul provincial committee of the
People's Democratic Party of Afghanistan Tug'yen not oniy transmitted to the
youth their rich and many-sided training, but also demonstrated models of endu-
rance in difficulty and resourcefulness in unexpected situations. And there'were
plenty of difficulties.and surprises. ~
Sharif, the second secretary of the Kabul provincial committee of the People's .
Democratic Party of Afghanistan, covered many dozens of kilometers with the de- .
tachment. Small of stature and by no means built like a hero, modest to a fault,
if he did stand out from the general mass, it was because of his exceptional
' ability to work. At any minute he was ready to get up and go to people, especially
if there was a difficult discussion to be held with prejudiced ones. And usually
in this kind of discussion it was always his, Sharif's, arguments that won--for he
was equipped with the most'powerful~weapon in this situation--the truth.
At the beginning of the summer when Sharif was still chief of the organization
section of the Kabul city committee of the party, he and I tzavelled to a textile
mill located in Bagrami--a satellite of the Afghan capital. The situation there
at that time was, in Sharif's opinion, "not solid." The bandits would suddenly
appear in the factory settlement, terrorize the population, and "collect taxes";
that is, simply rob.
~ I knew that Sharif travelled to Bagrami every day: He was the city co~?ittee's
authorized agent in the settlement and at the mill. And still the way he was met
- by people--both the executives and the superworkers--seemed a surprise. One f elt
that here he really was ~?is own pers.on--in the offices, in the shops, and on the
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training ground where, in accordance with a special schedule, the fighters of
the lecal defense of the revolution trained. He willingly answere3 questions, and
he himself be~an talks with workers and activists, eliciting their questions. And
he conducted these discussions in a quiet voice, calmly and confidently.
These are riie kind of people that went out with the APO during that hot time onto
the restless Kabul-Chaugani highway. Some had experience, others had talent, while
others had nothing as yet except a feeling of duty. And together they were a
gr.eat power.
They Did Not Wait
The detachment knew that the population would not meet it in Karabag. The Khan
gang was roving around in the neighborhood. His cut-throats had a reputation for
especial cruelty. And although they did not risk billeting themselves in the
village itself, their scouts frequently came here to "colle~t taxes"; that is,
to rob a new victim, frighten the old men, and sow bad rumors.
News of the detachment ran, as one would expect, ahead of it. An unusual caravan,
it was said, was coming with music, movies, and with soldiers whose automatic
weapons were not the way they were with the "rebels"--not aimed at people--but
hanging behind their backs, barrels pointing earthward. And these soldiers give
" out matches, and soap, and to those who are barefoot--they give shoes away free.
And this news reached not only the inhabitants of the villages near the raa3. It
also reached the bandits, causing the wild rage among their leaders. And a bandit
is a bandit because he puts a lie or a threat up against good news.
That is why the people of Karabag hid in their homes. The natural interest the
caravan about which the people had been speaking all week gave way to fear of
punishment; for Khan appeared suddenly and his court always delivered quick ver-
- dicts.
However, if one is ~o be exact, it was not only fear that stopped people. Too much
had been said till then about the fact that the power in Kabul was now in the hands
of people who do not believe in Allah and who trample upon Islam. According to the
rumors, they.had even closed all of the mosques in the capital. And the caravan
was coming from Kabul! Was it not coming to close our mosque? Do not the unfaith--
ful ones want to prohibit us from performing Namaz? Did they not intend with
their gifts to drive people away from the dukans and to undermine commerce?
In a word, the detachment was met in Karabag by silence. Not a ~ingle person came
out onto the square during the first half hour, although the loudspeaker loudly
called upon them to do so: The sound unit had made the rounds of all of the
little streets in the village. Something similar happened in the other populated
points also: The threats of the bandits and the false rumors had "worke~." But
_ there had never yet been such a complete and long silence.
Ashkrez and his boys let down the sides of the ~~ruck, turning it into a stage.
A rug was spread out. For about three minutes the instruments were tuned. Then
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Ashkrez said that he had heard the sound of a latch being opened in one of the
houses close to the square. That meant that interest was after all getting the
upper hand over fear? For three hours straight Amon's magnificent five sang and
played. At first they were listened to by an empty square, but gradually spec-
tators began to come up. One at a time, two at a time, and thQn whole families:
_ A father and his sons. Those tradesmen who were a bit bolder opened their shops--
and a rather lively trade be~an. The day, by the way, was a so-called bread day,
_ a bazaar day, and the inhabitan:_s of the village had put aside some money for it,
and also relatives had come to them with money. It turned out that the bandits
by frightening the population had thereby abolished the traditional bread days,
while the caravan from Kabul had again put everything in its place? This is the
unexpected turn that things took, and this was one more little victory for the
detachm~nt.
At that time Ashkrez and his boys kept sin~;ing and playing. The audience became
~ more bol~ and began to express its approval. Choosing the right moment, under
Baki's direction, the photo exhibit was hurriedly set up. The Karabag villagers
_ became convinced that the mosques in Kabul were working as usual: No one had
even thought of closing them. They ~aw photographs showing a military parade on
- the day celebrating the third anniversary of the revolution. They saw photographs
of those who had come into the people's militia to serve their military duty.
And, finally, they saw how people live in other parts of the planet.
Meanwhile, the time for Namaz arrived. The loudspeaker reminded people of this.
The music fell silent. And when after Namaz was finished the loudspeaker again
began to speak, not a single person left the square.
Vakhab, an instructor in the CC of the Democratic Organization of the Youth of
Afghanistan, introduced the guests to the assemblage. He said that they had been
sent by the People's Democratic P~rty of Afghanistan and by people's govern-
ment. That they would like to tell the Karabag villagers how the new power cares
about the peasants, about the servants of Islam, and about simple merchants. Then
~ he invited a local mullah Lo read a sura from the Koran.
After this kind of prelude it was no longer difficult to rouse the people.
--You say that the government has announced a~ust lan3 reform. Then why do they
have to cut away two of my five dzheribs? Where is the ~ustice in that?--Having
cried out these words, a tall elderly peasant again sat down in the place on the
_ ground directly in front of the truck, covering himself up with a big wool scarf.
--People, do not believe malicious rumors,--Tug"yen replied. You are being
deceived by the dushmans. If a person has five dzheribs, not a scrap will be
taken from him. On the contrary: A whole additional dzherib will be cut off for
him. This is what the law says.--And Tug"yen opened up the newspaper KHEVAD con-
taining the Ukaze of the Revolutionary Council of the Democratic Republic of
Afghanistan about the continuation of the reforms: ~
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--Who can read here? Well, read it and let everybody hear.
That same mullah turned out to be literate. It was :~e who was asked to read the
Ukaze. It was as if the crowd ~~~ved forward. And when the reading was over, the
tall peasant again stood up:--It is bad to be illiterate, ~ec?le. But now we
have all heard with our own ears.
A man in a black turban and a narrow vest over a wide shirt squeezed his way
through to the truck. He was the owner of a small shop who traded tea, cheese,
spices, and groats. According to his words, it turned out that he almost lost
money from his trade, and, moreover, new goods had not beer~ brought in for a long
time. In addition, they come from Khan, demand goods, and instead of money they
show you a knife. How is one to go on?
--That is true,--the answer came in a microphone from a truck.--It is hard now
for the tradesman. The bandits hinder normal trade. But if the shops were
closed, whe.re would the noble worker buy what he needs? That means that i*_ is
necessary to unite and create a detachment for the defense of the revolution so
- tha~ no Khans will be able to stick their noses in the village. After all, you
are a power, there are many of ~ou.
--It is good when there are many.--A very white person rose from the ground.
Stretching out his hands which consisted, it seemed, solely of veins, he continued
in a hollow thin voice.--But I go out alone to my vineyard. You begin to cut some
bunches and a dushman (rebel) behind your back threatens: Get out of here before
I shoot. It also happens differently. Sometimes at night you have to water
- the vineyard. You go anr? a policeman stops you and makes you turn back. It is
night, he says, you cannot walk around the area, they could start shooting.
--The question is a serious one,--Sharif says.--An important question. Maybe the
peasant should put a flashlight on his neck when h~ is working at night? The
policeman will know th:at he is one of his own because a bandit will not put a
flashlight on. . . .
--Well. Maybe that is right,--they began to stir in the crowds. It was clear:
People suddenly felt with relief that any question could, it turned out, be posed, ~
discussed, and solved.
At the conclusion of the meeting the people saw a miracle.
Movies
Never before had a movie been shown in Karabag. A screen had never been seen in
the great majority of the other populated points through which the agitation de-
tachment passed. The impression was such an unusual and strong one that'at first
some people ran away in fear: Was this not sorcery?
This reaction should not amaze anyone, for we are talking about a country in which
there is not even a railro3d yet. Electric buses here are to be seen only in
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Kabul, and, although airplanes fly in the sky, a streetcar and, especially, a
subway has never been heard of. And on the screen people are walking on the
atreet among high beautiful buildings, a car is moving right at you, and railroad
cars are racing uuder the ground. Fountains are throwing their watex up toward
the sky. Children are smiling. Music can be heard.
Where is all this happening? In Uzbekistan? Where is Uzbekistan? One of the
~ republics of the Soviet Union? That means that all of these living pictures are
the truth? But how did they get on the screen?
The story of the movies begins: how they are made. And then one more documentary
film, and another is shown. For example, about a gardener who has grown unusually
large and tasty pomegrar~ates. Or about a man who works on an enormous cotton
field absolutely by himself on a high blue machine. And this is not a dream, it
is the movies--with its help even an illiterate peasant can imagine what this very
big world looks like.
But what is this? Our own mountains. The road on which you can get from Kabul
to Karabag itself. Burnt schools--the bandits had gone through here. People
_ with shovels and wheelbarrows--they have come out for the so-called "voluntary
Friday," and they are cleaning up and making their street clean. The
camera operator has put in a new film--the movie by the well-known Uzbek movie
director Malik Kayumov, "The Revolution is Continuing," which was made here, in
Afghanistan, immediately after the 1978 April Days and later, when the second
stage of the revolution began. The text is in Pushtu, but some invisible person
also translates it into Dari. So tha~ every word is understandable to everyone.
_ The color film, "The Truth of the April Revolution," was also watched attentively
in the villages. Frame after frame and everything so familiar, so truthful!
But there is also a lot in the film that untiZ now had remained unknown or in-
comprehensible, very very far away, and now it had become absolutely clear and ~
close in a human way.
And what a holiday the merry animated cartoon films were for the children! ~
The detachment spent the night in Karabag. On the following morning responsible
officials who had come into it received the village's inhabitants, looked into
complaints and requests together with the local representatives of power, and
listened to suggestions. Others went about the narrow streets ond looked in on
people if they were invited into their homes. There they would answer questions,
give help, or simply press someone's hand to their breast in reply to the same
greeting.
And after the mid-day Namaz the folk instruments again sounded out. One of the
instruments soutlded especially beautiful. And the people headed for the square.
If yesterday they had not waited for the detachment in Karabag, today they were
not letting it go.
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A Dispute
The village of Saf'yan had always been distinguished by the fact that holy Islam
was revered here with a special zeal, and the laws of the Shariat had never once
been violated from the time of their very establishment. Not a single thing not
only was not decided without the mullah, but was not even begun.
_ -
Since the detachment had been sent from Kabul by "apostates~~ who had trampled upon
Islam," it was regarded, of course, with hostility. An orthodox Moslem must no~
stain himself through associations with those who close up mosques and who have
rejected the sacred book of the Prophet.
The broadcasting station had been ~mrking for a good hour, but not a single person
appeared on the square in front of the mosque. This was all the more surprising
in that the Khidzhantsy were not among those whom the dushmans succeeded in
frightening. Moreover, the dushmans avoided Saf'yan. But the slander which had
- been spread by them did its work. The village which despised the dushmans was
also distrustful of the emissaries of the revolutionary power.
The detachment understood this right away. How was this difficult knot to be
untied? From which side were the people to be agproached?
It was decided: Aminuddin Saidi will go to the local mullah. Not Sultan
Mokhammad, the detachment's mullah, but just Aminuddin. Let the village elders
assemble. The detachment asks them to listen wh}r it has come to Saf'yan.
Well, all right, you can listen one time, the mullah agreed. At the same time,
we will tell the apostates how low they have fallen. At a word from tha mullah,
gray-bearded old men and black-bearded strong men--the most respected inhabitants
of Saf'yan--came into the mosque. They walked, turning away from the agi~ation
detachment's truck, showing with their whole appearance that they did not wish
to defile even their gazes.
--So, what do you need?--The mullah squeezed out after a trying silence.
--We would like, for example, to tell how the people's government cares about
clergymen,--Saidi began.
The mullah ran his eyes around the assemblage and smirked:
--Well, go on, speak.
--First of all, salaries have been increased for all mullalis. This is especially
needed by the poor mullahs who live with as much difficulty as their parishioners.
And in Afghanistan most of our mullahs are of that kind.
--And when did this decree come out?--The mullah now looked at the young man
seriously.
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--Why, a long time ago. You mean you did not hear about it?
--How are we to hear. Not everybody has a radio, even I do not have one. And ~
Mok-id-Din said that, on the contrary, from now on we are all being deprived of our
salaries.
--Who is this Mok-id-Din?
--A man of God.
--Where is he from?
- --Actually, I do not know. He lived with us here for several weeks.
--And where is he now?
--We do not know. He left. It is a sin to ask a man of God what his road is.
--The merchant Omar said that Mok-id-Din is a friend of Asad himself--one of the
old men noted, as if to himself. Asad was the name of the head of a band which was
hiding around the gorge.
--It cannot be,--the mullah said in sincere amazement.
--Of course not,--the other elders supported him. ,
--Well, so it means it cannot be,--Aminuddin showed his broad smile.--Only the
law about which I am speaking was adopted a long tim~~ ago. And recently a law
was adopted which assigns land to the mullahs, as ~o all workers. And there is
another law according to which our respected reprasentatives of the clergy must
be members of the committees car.rying out the land reform.--Aminuddin turned to
- the elders and added:--Just like the noble elders.
It is not true when it is said that the new power will close the mosques,--
. Aminuddin continued.--We have brought photographs with us which will show you
that all of the mosques in Kabul and in the whole country are working unhindered.
The government is unstinting with money to support the Islamic temples. Do not
believe those who tell you the opposite. I myself regularly go to clean up the
mosque which is in my neighborhood, and very many young people act like that.
Because the People's Democratic Party of Afghanistan teaches to respect the reli-
gious traditions of the people.
--That is all in words,--an old man who was sitting to the right of the mullah
biliously interrupted Aminuddin.
--Then why am I here?--Saidi again smiled. And rapidly getting more serious, he
added:--We want to discuss with you a program for our detachment's stay in Saf'yan.
- Everything that you say we will do, and what you re~ect we will exclude.
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He pulled a sheet of paper out fram inside his wide shirt which all of the
peasants wear and, stretching it to the mullah, asked him to read it to the
public. The conditions of the game which had been proposed by Aminuddin were
honest, and the mullah was compelled to accept them. For about 20 minutes the
discussion continued. In the end the program was accepted. .
Returning the sheet to Aminuddin, the mullah, his eyes flashing, asked:
--And the fact~that pilgrimages to Mecca have been prohibited--also untrue?
--Untrue,--Aminuddin calmly parried him.--Every one of us who deaides to perform
the Hadj will be able to convince himself of this.
--And the holy days have not been abolished?--The mullah continued just as
bitingly.
--Oh, Almighty!--Aminuddin raised his eyes to the sky.--I pray of you: Do not
permit the enemy's slander to continue to becloud the eyes of these noble psople.--
And looking at the mullah openly and honestly, he, in his turn, asked:--Do you
- mean that you do not know that during the month of Ramazan famous Ma.ulavi read
the Koran every evening on Kabul television? How would that have been possible
if the holy day had been abolished?
- There was a silence. The elders were sitting, looking straight in front of
_ themselves, and their faces were impenetrable. After being silent for a minute,
Aminuddin quietly and with emphasis set down, as it were, a period:
--The only thing that is not permitted--is to use the sacred Koran to harm the
people. It is a great sacrilege to camouflage oneself with the name of the
Prophet in order to commit black deeds, as is done by some people about whom you
know no worse than I.
--Well, all right, lad. Let us go and announce to the people that they can come
to listen to you. Only I will do this on your microphone because my voice is
somehow losing its strength. . . .
- On the way Aminuddin noticed that a boy of about 15 had thrown onto the floor the
special issue brought by them of the newspaper KHEVAD which was devoted to Islam
iti the Democratic Republic of Afghanistan. He went up to the boy:
--You see: Islam is being discussed here. This is an ayat from the sacred Koran,
and this is another ayat. It is not good to throw Allah`s words around.
--He is right,--the mullah confirmed.--Pick up the newspaper and, by the way,
bring it to the mechet, I will read it later.
The meeting in Saf'yan continued for six hours, and for as many hours on the next
day.
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The Doctor
Included in the agitation detachment was a doctor--this was mentioned at the
beginning. Is it necessary to explain how important this was? The road lay
through villages where they had not heard about doctors. And, as it turned
out, there really were a lot of sick people. The detachment dispensary--a long
table set with boxes containing medicines and medical instr*iments--gathered quite
a few people around itself.
The Soviet doctor Aleksey Viktorovich Shavlak had been invited as detachment
doctor. If we stayed in a popular point, the next day, and sometimes for 2 or 3
days, he had work from dawn to dusk. One and the same person might come several
times. And Shavlak patiently heard him out again and again.
It was necessary to open boils and to give injections. As a rule, Shavlak did
not prescribe medicine--he gave it out from his own pharmacy; all the same, there
was no place to present a prescription: There was not a pharmacy in a single
village.
During the doctor's reception hours there were times one had to laugh. Someone
would bring eggs in a box, or even a rooster. Many people brought a bunch of
grapes in a kerchief, or a half dozen apples, or apricots. One old man pulled a
longish Afghan pancake out of his shirt; he had put it there to keep it warm;
if it was possible to refuse a rooster, it was not possible to refuse bread.
During the propaganda campaign it turned out that 800 people were entered in the
registration book of the doctor Aleksey Shavlak. This was, let us say it frankly,
not bad agitation for the new system. For a society in which the health of people
becomes an important concern of the government. For the doctor, as the respected
Vakhab said, had been sent to the village by the government itself, was that not
true?
It turns out that in Kabul there is now a good government.
Nomads
There are several million of them in Afghanistan. On t.he necessary day the tribe
picks itself up and moves from one place to another. The moves take several
months and amount to thousands of kilometers. If the tribe is a big one, it seems
that an entire city is on the move. This kind of impression occurs especially at
night, when the campfires are burning.
- Nomads turned up on the detachment's road more than once. The relatively small
Nasiri tribe--100 tents and yurts--met the detachment with interest. First there
was, of course, a discussion with the elders. After learning where the 3etachment
was from and what its goals were, the elders very wisely reasoned that, for
example, medical care is something necessary, that a concert, probably, could also
be listened to, and that in the end there would be some gifts--this was altogether
all right. True, we stilT do not know what the movies is. But all right, we will
look.
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Having received permission from the elders, the people hastily surrounded the
detachment's vehicle. The concert began. And the elders returned to one of the
largest yurts and invited Sharif and Aminuddin Saidi to come with them.
--So, you say that the government which is sitting in Kabul cares about the
tribes?--A white-bearded elder, probably the most influential of them, began.--How
does this express itself?
_ --Well, I will at least name a law according to which pasture lands are assigned
to tribes,--Sharif replied.--Is that bad? And is it bad that the government gives
thought to how to make it easier for you to move your property? You are being
allocated trucks--during your long and distant passages this will be of great
- help, is that not so?
--I suppose so.--The elder agreed.--But how is that to be done when there are
' bandits on the road?
--Permit me to observe most honored one: By no means on all roads.--Sharif re-
torted,--But only there where they for some reason do not meet resistance. If,
for example, your noble Nasiri tribe would take upon itself the protection of aome
part of the road, the bandits would never dare to come there. You have weapons
and great bravery. And when there is peace in the tribes' lands it will be easier
to help them.
His words contained good sense, but still it is necessary to think. To think from
every sid~~; you know, we have many different circumstances.
--Well, !:}iink, respected one. ~Io one is hurrying you.--After pausing, Sharif as if
by accident added:--Except life itself.
The elders exchanged looks. But Sharif had already changed the conversation.
--Incidentally, when there is peace the government will be able to send to you
learned people who will help if the livestock begin to die. These people sre
called "veterinarians." And you have to pay them very little money, almost
nothing.
The elders again exchanged glanc~s. The one who was asking the questions began
to speak again:
--Incidentally, you do not know when the tribal meetings will be? It has been a
long time.
--Excuse me,--Saidi entered the conversation.--The tribal assembly met quite
recently, not long before the founding congress of the National Fatherland Front.
--And what is that?
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--The National Fatherland Front unites the entire people in its ranks. It is
supported by everybody who wants genuine peace on our land. N'any tribes have also
supported it. Incidentally, why should not youx noble and courageous tribe also
support the front?
--We will also think that over, young man. Your friend said that no one is
hurrying us. So that means that the tribal assemblies were not abolished?
--On the contrary, they have been restored now. The government sincerely respects
the free and proud traditions of the tribes.
--All right, time will show. Everything that you have said here has to be
thoroughly discussed.
- Sharif and Aminuddin rose, and then made a low bow.
They saw a lot of adults and children on the fields by the movie unit. In the
eyes of the nomads who until then had looked only at mountains and sand, there
was a frozen look of amazement. The world, it turns out, is enormous and very
diverse. And although they are sure that al]. of this has to be thought about a
hundred and a thousand times, nevertheless what they had heard and seen today was
very very interesting. . . .
Then there was the di$tribution of the gifts. You have to get used to drinking
out of glasses. The decorated kerchief, of course, will come in handy. But the
shoes! How wonderful, shoes! Many of thesQ poor people who in ess~ence stood on
the edge of poverty had never put them on. Yes, the government which had sent
them shoes knows, it seems, how hard the life of a nomad is. Is it possible that
somebody under this sky has begun to think about us?
The morning began with the doctor's reception. The musicians helped to bring
water from an almost dried~out brook. The movie operator was showing an animated
cartoon for the children. Vakhab explained the content of the photographs on the
stands which had been set up right in the middle of the tents. In the evening
before the concert one of the elders announced that the meeting of the tribe had
decided to support the National Fatherland Front. The other proposals of our
guests will also be thought over, he added.
Shuravi
In translation Shuravi means Soviet.
The agitation detachment's task also included telling the truth about the Soviet
Union--the sincere and faithful friend of Afghanistan. We were friends of this
country before and, especially now..
But so many lies and so many of the vilest slanders had been rained down upon the
heads of the Shuravi that the detachm.ent decided to find out whether these noxious
seeds were producing fruit. To what extent had all of those "free" rad3.o stations
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succeeded, all of the treacherous sermons of the reactior.ary mullahs, and, finally,
the false rumors, large numbers of which were being spread by the ~ounter-revolu-
tion according to the prescriptions of its American, Chinese, Egyptian, and otiler
"teachers" and patrons?
Here it has to be said that the road on which the detachment was going had been
built with the help of the Svoiet Union. Did the inhabitants of the villages and
cities located along it know about this? Many did not know. And when they found
out they reacted in different ways: 9ome were amazed with wide open eyes, others
shook their heads and smacked their lips, and still others smiled with relief.
But no one remained indifferent.
_ In those places where the detachment eacountered people who at one time had worked
_ side by side with Soviet specialists--for example, on the high-mountain snow pass
Salang--it was not difficult to become convinced of their sympathy for our
country. Trust in the Shuravi had developed in them long ago, had been tested
often, and had remained within them unshakable to this day.
When near the city of Charikar the detachment met the Rustamkheyl' tribe and
. offered those who desired to do so to go to the doctor, the people began to rush,
when they found out that the doctor was, in addition, a Shuravi. Aleksey Shavlak
examined 50 people then. He gave them all medicines, treated the wounds of
others, and put drops in people's eyes.
--Rustamkheyl' respect the Shuravi,--their elder said with dignity.
~n the village of Kalamuradbek Vakhab showed photographs with views of Tashkent,
Samarkand, and big cotton fields.
--The Shuravi work their fields with machines and they also gather the harvest
with machines--he said.
--I know,--an elderly peasant inserted. And without any apparent connection
added:--When the Shuravi were passing through here they repaired a tractor in
the cooperative. . . .
When he heard the calls of the loudspeaker, the influential elder of the village
Diruz Khodzha Abdulgani was the first to appear at the mechet for a meeting with
the detachment with his entourage of a dozen and a half respected villagers.
--I know that you are the friend of the Shuravi,--he said.--I am also not their
enemy. And all of these people (he motioned at his companions) are also not
against the Shuravis helping us. They are good people. Personally I cannot say
anything bad about the Shuravi. ~
There really is no value to be set on this simple testimonial. It is the reflec-
tion of living facts, some of great importance and some of little importance, from
which the disinterested aid of the USSR to fraternal Afghanistan is made. No,
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the slanderers have been far from successful. Even their very big lie was not
able to silence the truth. And it will not be able to in the future.
The Fortress of the Wise
The participants in this almost month-long campaign.learned muc11. ,
For example, this kind of "trifle."
During the course of a meeting the floor would always be given either,to a local
representative in power, or to a responsible comrade from the district or from
the province. An agreement was made that a speech would not last more than 10 to
15 minutes. But it was rare that anyone fit into this time.
The reasons? One of them is the habit for the traditional style of public state-
ments which has long been customary in the country. An idea is clothed in a large
number of fine items of clothing in which it freQuently drowns without a trace. ~
Customary for a narrow circle, this style is not suitable, of cours~, for meetings
and for discussions with mass audiences which are basically illiterate and some-
times completely unprepared.
And it was decided in the detachment to learn to speak with the simple people.
One of the speakers (I will not name him) dragged out his speech for 45 minutes.
A shorthand copy had been made of it, and then it was analyzed by sentence. And
, it turned out that it could have been shortened: Here-~-simple repetition, and
always unnecessary beautifulness. The comrade did not become insulted. The
_ next time he spoke more briefly, but still in all it was twice as long as it was
supposed to have been. Again the stenogram was analyzed. The third t.ime, instead
of 15 minutes, he took up only 12. And again the stenogram was studied, and the
conclusion was arrived at that in pursuit of brevity the comrade had left out im-
portant points. . . .
COPYRIGHT: "Zvezda Vostoka", 1982 .
2959 '
CSO: 1800/402 "
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ruK urri~iAL u~~ u~~,Y
NATIONAL ~
LEGAL STATUS OF FOREIGNERS IN USSR DEFINED
Moscow SOVETSKOYE GOSUDARSTVO I PRAVO in Russian No 3, Mar 82 pp 95-104
[Article by N. V. Mironov, doctor of ~uridical sciences: "The Legal Status of
Foreign Citizens in the USSR"]
[Text] The necessity for defining the rights and duties, and the entire complex
which enters into the concept of the legal status of foreigners, arose before
Soviet legislators immediately after the Great October Socialist Revolution. And
this is quite understandable. For the October Revolution was ~.n fact carried out
in order to affirm human rights,~the righ~s of the vast majority of the people of
our country--the working class, the peasantry, and a11 of the laboring masses.
And the question of the status of foreigners is alsb a part of the problem of
human rights which required legal regulation.
The most important legislative acts of the struggle by the new power to consoli-
- date the rights of the workers of our country were such of Lenin's acts as the
Declaration of the Rights of the Peoples of Russia (2 November 1917), the
- 11 November 1917 Decree of the All-i~ussian Central Executive Committee and Council
- of People's Commissars "On the Destruct3on of Estates and Civil Ranks," the
20 November 1917 appeal of the Counci.l of People's Commissars and of the
People's Commissariat for Nationalities "To All of the Labor~ng Moslems of Russia
and the East," the Declaration of the Rights of the Laboring and Exploited People
(18 January 1918), which later went into the first Soviet Constitution of 1918,
and other decrees of Lenin's. The political, and also the socio-economic and
cultural rights of Soviet citizens were proclaimed and legislatively consolidated
in them. At the same time, the Soviet state created the material basis for these
rights by proclaiming and legislatively consolidating_public socialist.ownership
of the means of production which was a.guarantee of the reality of these rights,
a guarantee that they would be carried out. "The establishment of public social-
ist ownership of the land, of the inner riches of the earth, and of the means of
production," L. I. Brezhnev states, "was the chief guarantee of the reality not
only of the political, but also the social and economic rights of man in the
USSR." [2, p 14] ~
All of this signifie:d the transformation of the merely formal juridical human
rights under the bourgeois state which were limited and truncated by the very .
character and the very essence of exploiting society into effective real human
rights, and a shift from the forma.l equality of bourgeois society to actual
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equality under socialism, to equality in essenr.e. "The proclamation and ensuring
of economic, social, and cultural rights, together with the re3ection of the
right of any person at all to exploitation and the appropriation of the fruits of
another's labor, signffied a movement from formal equelity to equality in essence
and laid the material foundation under the political rights and freedoms of
citizens." [2, p 14]
As a result of the October Revolution, a new legal category and a new 3uridical
concept arose--Soviet citizenship which had taken form on a completely different
political, social and economic, and legal soil than the citizenship of the
exploiting state. "The October Revolution," the USSR ~eople's Commissar for
Foreign Affairs G. V. Chicherin said in 1924 at the session of the USSR�Central
Executive Committee which adopted the first Statute on USSR Citizenahip, "has
fc~r the first time created a citizen in the sense of a bearer of a particle of
the collective will of the laboring masses which is embodied in the Soviet
state. A Soviet citizen is a participant of that Soviet state power which
has as its content a lofty historical mission--the realization of the ideals of
the struggling proletariat." [3]
Internationalist in its character, the proletarian reVolution, naturally, could
,.not but apply the very important social and economic and other rights and free-
doms which had been proclaimed in the Soviet state and granted to Soviet citi-
zens to those foreign citizens living on the territory of the Soviet republic.
And it is important to note that as early as the first postrevolutionary years
there was a legal consolidation of this fact with respect to many aspects of the
juridical status of foreigners in the Soviet country. Thus, the first 1918 Soviet
Constitution, for example, resolved important questions conc~rning the status of
foreigners: on granting them the right of asylum (Article 21) (this right had
been established earlier by the 28 March 1918 Decree of the All-Russian Central
Executive Committee "On the Right of Asylum"); on the admission of foreign workers
into Soviet citizenship (Article 20); and on the jurisdiction of,the supreme
state agencies in the field of regulating the legal status of foreigners on the
territory of the Soviet state (Point of Article 49 of the Constitution).
Many other questions of the legal status of foreigners in the Soviet Union were
regulated in a large number of subsequent legislative acts.* In particular, in
the first Soviet Code of Labor Laws which was published in December 1918, fore3.gn
workers are made equal in their labor rights and duties with citizens of the
RSFSR. In accordance with the Statute on Social Security for Workers which was
ratified on 31 October 1918 by the Council of People's Commissazs, foreigners in
the Soviet republic enjoyed the right to social security equally with Soviet
citizens on condition that the source of their existence was their own labor with-
out the exploitation of another's labor. In the civil and civil procedural
spheres, the 22 May 1922 Decree of the All-Union Central Executive Co~ittee "On
* For more details on the development of Soviet legislation on the legal status of
foreign citizens in the USSR see [SJ.
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the Basic Private Property Rights Which are Recognized by the RSFSR,Protected by
- its Laws, and Defended by the Courts of the RSFSR" established the list of basic
property rights of foreigners in the RSFSR. The decree recognized for foreigners
legally residing on the territory of the RSFSR the same amount of civil rights es
was granted to Soviet citizens.
In their aggregate these and other legal acts define the status of foreign citi-
zens in the USSR which from the very beginning, from the first decrees of October,
was cnaracterized not only by the granting to foreigners of broad democratic
rights and freedoms, but also by the actual and not the formal essence of these
rights and freedoms. in place of the formal proclamation of rights and
freedoms," V. I. Lenin stated, "Soviet democracy places the actual granting of
these rights and freedoms above all and most of all precisely to those classes
of the populati.on which were oppressed by capitalism, that is, the proletariat
and the peasantry." [lJ
On 24 June 1981 a session of the USSR Supreme Soviet adopted a Law on the Legal
Status of Foreign Citizens in the L'SSR. [6] Its adoption was the result above
all of the practical needs of the USSR's developing relations with foreign countries
and of the interest in expanding international relations on behalf of strengthening
- peace in the world. The law will promote the implementation of the Leninist
foreign policy of the Soviet state, a policy of peaceful cooperation with all of
the peoples of our planet. At the same time, the new law bears witness to the
consistent and steady practical realization of the line which was defined by the
25th and 26th CPSU Congresses and is aimed at a further improvement of Soviet
socialist legislation which is one of the chief directions of the Soviet state's
activities. .
Work is presently being done in our country on the publication of the first Soviet
. Code of Laws. The plan for a USSR Cods of Laws which was approved by the
23 March 1978 Decree of the CC CPSU, Presidium af the USSR Supreme Soviet and the
USSR Council of Ministers provides for a special chapter "Foreign Citizens and
_ Persons Without Citizenship" (Chapter 9, Section II of the Code). [7] In the
Summary Report of the CC CPSU to the 26th Party Congress, L. I. Brezhnev stated
that a renewal of Soviet legislation on the basis of the USSR Constitution will
~ produce a large useful effect. The Law on the legal status of foreign citizens
in the USSR is one of the results of the work being performed to renew and perfect
the laws. It is based on the propositions of the USSR Constitution, and, above
all, on the norms of Article 37 which establish that "foreign citizens and persons
without citizenship in the USSR are guaranteed the rights and freedoms stipulated
by law, including the right to address the courts and other state agencies for
the defense of the personal, property, family, and other rights which belong to
them. Foreign citizens and persons without citizenship who are on the territory of
the USSR are obliged to respect the USSR Constitution and to comply with the
Soviet laws."
- The Law on the legal status of foreign citizens in the USSR provides a reflection
for the propositions of the Conclttding Act of the Conference on Security and Co-
operation in Europe and of the International Pacts on Human Rights which have been
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ratified by the Soviet Union, the Ukrainian SSR, and the Belorussian SSR, and
consideration is also given to the extensive int~rnational treary practice of the
US9R with regard to legal assistance, consulate matters, and so forth.
The new Law consolidates the most important regulations of the existing legislation
on the status of foreign citizens, and it develops the norms of the USSR Constitu-
tion regarding the guarantees of the rights and freedoms of foreign citizens, their
obligation to respect ~he USSR Constitution and comply with the Soviet laws, and
the granting of the right of asylum to foreigners. At the same time, it is estab-
- lished that the realization of the rights and freedoms which are granted in the
USSR to foreign citizens are inseparable from their performance of the duties
stipulated by the Soviet laws. The Law cantains a general norm in accordance with
which foreign citizens located on the territory of the USSR en~oy the same rights
and freedoms and bear the same obligations as USSR citizens, unless orherwise dic-
tated by the laws of the USSR (the principle of national regime). In addition, the
new law proceeds from the concept that specific rights and duties by virtue of
their character can belong and do'belong only to USSR citizens as members of the
new historical community of people which has developed in our country--the Soviet
people,--and as participants in and builders of our developed socialist society
which is a lawful stage on the path to communism, and that they should not be
applied to foreigners. Thus, foreign citizens cannot elect or be elected to the
Soviets of People's Deputies and to other elective state bodies, or take part in
the USSR in public voting (referendums) (Article 22); and they do not have the
obligation of performing military service in the ranks of the USSR Armed Forces
(Article 23). Foreigners may not occupy certain posts the appointment to which
is connected with USSR citizenship. For example, in accordance with the existing
laws, foreign citizens may not be crew members of USSR aircraft (Article 19 of the
1961 USSR Air Code), of Soviet maritime vessels (Article 41 of the 1966 USSR Code
of Merchant Seafaring), may not be consular officials (Article 14 of the 1976 USSR
Consulate Charter), may not be appointed to the ~obs of state notary publics
(Article 5 of the 19 July 1973 Law on.the State Office of Notary), and so forth.
These are reservations which are generally accepted in international practice in
connection with the granting to foreigners of a national regime. Exceptions of
this kind from the national regime are widely known to the legislation of other
countries of the world also.
Basing itself on the regulations of the USSR Constitution and on developed prac-
tice, and taking account of the International Pacts on human rights, the law of
24 June 1981 proclaims the equality of foreign citizens before the law regardless
of their origin, social and property status, racial and national memb~rship,
sex, education, language, attitude toward.religion, the nature and character of
their work, and other circumstances (Article 3); defines the rights of foreigners
which are connected with their performance of labor activities (Article 7); and
establishes the rights of foreigners to housing, to participation in public or-
ganizations, to the inviolability of their persons and domiciles, to freedom of
conscience (Articles 11, 15-16, 18), and a n~ber of other rights.
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It is stipulated that foreign citizens may move over the territory of the USSR and
select a place of residence in the USSR in accordance with the procedure established
by the laws of the USSR. At the same time, in accordance with the International
Pact on Civil and Political Rights, the pos:;ibility is admitted of restricting the
movements of foreigne~s and their freedom to select places of residence in cases
if this is necessary to ensure state security, protect public order and the health
and morality of tk~e population, or defend the rights and legitimate interests of
USSR citizens and other persons.
The division pf foreigners into two categories on the basis of the characteristics
of their sojourn on the territory of the USSR is an important regulation of the
law which defines the status of foreign citizens in the USSR: foreigners who are
permanently in residence in the USSR, and foreigners who are temporarily staying
on the territory of the USSR. Different legal regimens have been established for
these categories of foreigners on the basis uf the purpose of their sojourn on
Soviet territory. Practically speaking, this kind of division of foreign citizens
took shape as early as the first years of Soviet power, since in a large number of
acts foreigners were already at that time divided into those "residing" on the
territory of the USSR and those located or "sojourning" on Soviet territory.
However, legally, it was fixed for the first time only in the 3 September 1926
Decree of the Central Executive Committee and USSR Council of People's Commissars
"On Foreigners With a Temporary Stay or With a Permanent Residence in the USSR."
~8J Subsequently, this division which is the basic proposition for determining
the different rights of these foreign citizens was consolidated in a number of
acts of the legislation in effect which have to do with individual branches or
spheres of regulation (Article 32 of the Principles of the Laws of the USSR and
Union Republics on Health Protection, and Others). Now it has become the general
norm of the so-called "right of foreigners" in the USSR.
The nec~ law provides legislative regulation for the basic questions connected with
the entrance into the USSR and exit from the USSR by foreigners, and also the
' responsibility of foreign citizens for infractions of the law on the territory of
the USSR (Sections III and IV). The regulation of the issues of entrance into and
exit out of the USSR for foreign citizens is based on a practice which has been in
effect for many years now and which provides for permission to enter the USSR and
leave it on the basis of foreign passports or substitute documents. For the first
time in Soviet law the procedure of a transit passage by foreign citizens through
the territory of the USSR is established. As for the responsibility of foreign
citizens for law infractions on the territory of the USSR, this responsibility
ensues for foreigners who have committed crimes, or administrative or other law
infractions on USSR territory on the same basis as for USSR citizens. In parti-
cular, stipulation is made for administrative and criminal responsibility for the
violation of the rules of so~ourn in the USSR and of transit passage over the
territory of the USSR, for a reduction of the period of sojourn in the USSR for
foreigners who violate the laws on the legal status of foreign citizens in the
- USSR, and also the expulsion of foreigners outside of the limits of the USSR on
grounds estatilished in the law.
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Since the legal status of persons without citizenship in the USSR is on the whole
analagous to the status of foreign citizens, it is stipulated that the norms of
- the law being examined apply also to persons without citizenship, unless otherwise
defined by the USSR laws. At the same time, the regulations of the new law do
not effect the privileges and immunities of the heads and officials of foreign
diplomatic and consular legations, and also of other persons which have been
established by the USSR laws and by USSR international treaties.
Its general and overall character which covers all of the basic questions of the
status of foreigners in the USSR is a very important legal characteris~ic of the
Law on the Legal Status of Foreign Citizens in the USSR. It is understandable,
therefore, that the new law will become the basis for a corresponding chapter in
the USSR Code of Laws. Such a general character law which in fact codifies in a
single act the full "right of foreigners" is being adopted in the USSR for the ~
' first time. As is known, in the past there did not exist a single legislative
act on the legal status of foreigners in the USSR, and the corresponding norms
which concerned individual aspects of the status of foreign citizens were con-
tained chiefly in various acts of general significance, or in special acts
devoted to concrete issues. As a matter of legislative continuity the law in-
cludes the most important democratic principles and norms which have been in
effect in the USSR and the legislation on foreign citizens which existed before
the publication, while it consistently develops them in conformity with the
present-day conditions of international intercourse and the USSR's international
relations. However, the law does not only codify the norms in effect. It in-
cludes a large number of new propositions which supplement and expand the sphere
of the legislative regulation of the status of foreigners and which respond to
the requirements of contemporary practiice and which take account of the legisla-
tive experience of other socialist states and also of the regulations of inter-
national treaties of which the USSR is a participant.
The normative basis of the new law is comprised of the regulations of the 1977
USSR Constitution which proclaim and consolidate the rights, freedoms9 and
obligations of foreign citizens in the USSR. However, the norms of the 24 June 1981
Law, for entirely understandable reasons, embrace a much wider sphere of relations
connected with foreign citizens than that which is outlined by the constitutional
regulations. It is important to note that a number of constitutional and other
norms which concern the rights, freedoms, and obligations of Soviet citizens
exercised the most direct influence on the formulation of these new articles and
regulations of the law. And this is entirely understandable, for in the final
analysis the basic principle of the status of foreign citizens in the USSR, as
follows from the USSR Constitution and as was stipulated by the preceding Soviet
laws concerning concrete fields and legal relations, is the granting to foreigners
in the USSR of a national regime; that is, as a general rule, the same rights,
freedoms, and obligations (with specific exclusions stipulated by the law) as
exist for USSR citizens.
The granting to foreigners of a natinnal regime follows directly from the USSR
Constitution (Article 37) and from the preceding Soviet laws. However, such an
exact and specific fox~ulation as is given in Article 3 of the 24 June 1981 Law
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and which is applied to all spheres of activity is given for the first time in
Soviet legislation. In this article it is recorded that "foreign citizens in the
USSR enjoy the same rights and freedoms and bear the same obligations as USSR
citizens, unless otherwise indicated by the USSR Constitution, the present Law,
and other acts of Soviet legislation." The precise fixing in the law of the ,
granting of a national regime to foreign citizens in the USSR as a general norm
is testimony to a further improvement of Soviet legislation on the rights of
foreigners in the USSR.
It is important to emphasize that this legal novel has the most direct practical
consequences in the sense of the actual amount of rights which may be enjoyed by
foreigners in the USSR. The fact is that in view of the very extensive amount of rights
and freedoms which exist for USSR citizens, the granting in the Soviet Union of
a national regime to foreigners means that in a large number of cases the farPierer
in the USSR is practically guaranteed and granted more rights than he actually
has in his own land. As was noted in the co-report of the committees on foreign
affairs and the committees on legislative proposals of the Chamber of the USSR
Supreme Soviet on a draft of the Law on the legal status of foreign citizens in
the USSR, "in effect, a quite unique situation arises. The citizens of many
foreign states who are located in our country have more rights the realization of
which is fully guaranteed for them than in their own lands." [9] This situation
convincingly testifies to the democratic spirit and humanism of the Soviet laws
regarding foreigners. ~
The humanism and democratic spirit of th2 Law on the legal status of foreign
citizens in the USSR are multi-faceted concepts which practically embrace all of
the basic aspects of the legal situation of foreign citizens in the USSR which
enter into the concept of the status of foreigners.
In direct opposition to the laws regarding foreigners which are in effect in the
capitalist countries and which to a substantial degree amount merely to the
regulation of the entry and exit and residence and movement of foreigners, the
Soviet legislation on the legal status of foreign citizens in the USSR includes
above all such very important spheres of relations which defiue the actual situ-
ation of people in a 5tate as economic and social rights and freedoms. Instructive
in this relation is the legislative consolidation in the new law of the right of
foreign citizens to perform labor activity in the Sot�iet Union. It is also impor-
tant to emphasize that this right which has been formulated with a view toward
the regulations of Articles 6-7 of the International Pact on Economic, Social, and
Cultural &ights is ~n accord with the long-time practice in the USSR of granting
the right to labor to forei~ners who are permanently domiciled in the USSR which
was consolidated in a nunber of acts. It can be recalled that as early as the
first months of the existence of the Soviet state, in February 1918, the People's
Commissariat of Labor issued a special act--the decree "On Imported Workers"--
which proclaimed the complete equality of foreign workers and Soviet workers with
regard both to payment and to working condit~ons. [10] The equalization of the
labor rights of foreigr_~aorkers and Soviet citizens was given a legal consolidation
in subsequent legislative acts, in particular in the i918 and 1922 Codes of Labor
Laws of the RSFSR. [11, 12J
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The 24 June 1981 Law consolidates the national regime with respect to labor acti-
vity in the USSR for foreign citizens in permanent residence in the USSR. Such
foreigners may work as workers and employees at enterprises and in institutions
and organizations, or engage in other labor activities on the basis and in the
procedure established for USSR citizens. As for foreign citizens who are tempora-
rily in the USSR, they may engage in labor activity in the USSR, if this is
compatible with the purposes of their sojourn. Moreover, both permanent and
temporary foreign citizens, in the event that they are engaged in labor activity,
enjoy the rights and bear the obligations in labor relations in an equal manner
with USSR citizens. It shculd be noted that the right to labor has been granted
to foreigners in other socialist countries also. As for the capitalist countries,
foreigners are able to obtain work there (for example, in the United States,
France, England, Sweden, and others) as a general rule, only if they are issued
special permission.
In the same measure as the right to perform labor activities, the rights of foreign
citizens which are guaranteed by Soviet law to rest, to health protection, to the
_ enjoyment of culture, to be granted housing, and others are very instructive for
a characterization of the actual status of foreigners in the USSR. Let us take,
for example, the right to health protection and the right to being granted housing.
The vital importance of such rights for every person is obvious. And the Soviet
laws guarantee these rights to foreigners who are in the USSR. Moreover, they
go much further in this direction than is provided for by international agreements
and the Pacts on Human Rights. ~hus, the "right to health," as it is formulated
in Article 12 of the International Pact on Economic, SociaZ, and Cultural Rights,
is concretized in the Soviet legislation on the rights of foreigners into a more
sociaily precise and much more far reaching from the practical point of view
concept--"the right to health protecti~n." As for the right to housing and the
guarantees for its realization, such a right and such guarantees for their own
citizens are unknown both to the legislation and, especially, to the practice of
any state of any other social system. This right and these guarantees do not
exist in the International Pacts on Human Rights either.
The application of this law to persons without USSR citizenship is an important
progressive and humane norm of the Law on the legal status of foreign citizens in
the USSR. As is known, the category of persons without citizenship is a relatively
new concept for Soviet legislation. It appeared only in the middle ~930's, after
the adoption of the 1936 USSR Constitution and the 1938 Law on USSR Citizenship,
in order to define the status of persans who are not ~TSSR citizens, but at the
same time who do not have proof of their citizenship in a foreign state. The
Soviet legislation in effect (for example, the 1978 Law on USSR Citizenship) also
retains this legal institution.
As a whole, the practice which has developed long ago equated the status of foreign
citizens with the status of persons without citizenship in the USSR. This kind of
important progressive factor accords with the humane principles of respecting
human rights. However, until the adoption of the 24 June 1981 Law there was no
general legislative norm for this issue. At the same time, it should be noted that
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in individual matters a difference is set between foreign citizens and persons
without citizenship which defines certain basically insignificant special features
of their status. For this reason, a number of laws and other normative acts
make mention at the same time of both foreign citizens and persons without
citizenship. Now the general norms regarding the legal status of foreign citizens
- in the USSR which have been fixed in the new law are applied to persons without
citizenship, unless otherwise indicated in the USSR legislation. In other words,
if the Soviet law in effect directly establishes differences in the status of
foreign citizens and persons without citizenship, these differences are kept. The
same applies to the special characteristics of the legal status in the USSR of the
citizens of those countries with which the USSR has concluded international
_ treaties, keeping in mind that the norms of the treaties were in the established
procedure transformed or put in a different form in the Soviet legislation.
It is also obvious that by virtue of the application of the status stipulated for
the citizens of foreign states in the USSR to persons without citizenship tY~e
division of foreign citizens which is established by the new law into those perman-
ently and temporarily residing in the USSR is also applied to persons without
citizenship who are located in the Soviet Union when the regulations of the law
- connected witn a permanent or temporary sojourn on Soviet territory are applied
to them.
In conclusion, let us examine the legal novel which is contained in Article 2 of
the Law and which stipulates that "the legal status of foreign citizens in the
USSR may also be determined on the basis of the USSR's international treaties."
In the Soviet legislation of the last two decades, the norm has become very
widespread that in the event that a USSR international treaty contains different
regulations than those provided for by Soviet laws, ~he regulations of the inter-
national treaty are applied (Article 129 of the Principles of the Civil Law of
the USSR and Union Republics, Article 55 of the Principles o~E the Law on Health
Care, Article 29 of the 1 December 1978 Law on USSR Citizenship, and so forth).
However, this norm is not a general norm of Soviet law and not its general prin-
ciple, for it is applied only to those fields of regulation which are stated in
the laws containing this norm, or it has a concrete law in view (the sphere of
relations outlined by this law), and not the whole of Soviet law: The norm
formulated in Article 2 of the Law on the legal status of foreign citizens in the
USSR regarding the possibility of defining the legal status of foreigners "on the
basis of the USSR's international treaties"--this, of course, is not the estab-
- lishment of priority for the app7_ication of an international treaty in the sense
that this norm is understood in Article 129 of the Principles of Civil Law and
the other above-mentioned acts of USSR legislation. Nor does it define the
mechanism itself of realizing the norms of international treaties on�USSR
territory. It is obvious that in this case something else is being discussed--a
USSR law (or that of a union republic) whose adoption was based on the conclusion
of an international treaty.
_ Thus, in the formula of the norm which is contained in Article 2 of the Law on
the legal status of foreign citizens in the USSR there is in effect a dual general
(that is, not tied to a concrete treaty and law) reference to an international
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[reaty and to a domestic state law of the USSR, or, more exactly~ a reference to
an international treaty through the corresponding Soviet legislative or other
legal act. In addition, this construction of the law should, apparently, be
understood and applied only in the context of the general USSR legislative con-
ception regarding international treaties which is set forth in the USSR Consti-
tution and the 6 July 1978 Law on the procedure for concludin~, executing, and
renouncing USSR international treaties. In Article 29 of the USSR Constitution
it is stated that the USSR's relations with other countries have to be organized
on the basis of "the conscientious fulfillment of the obligations which follow
from the generally recognized principles and norms of international law and from
the international treaties which have been concluded by the USSR," and in
- .'~rticle 19 of the 6 July 1978 Law which develops this constitutional proposition
it is emphasized that the "international treaties of the USSR are subject to
absolute compliance by the Union of Soviet.Socialist Republics in accordance
with the norms of international law."
Thus, the formula of the 24 June 1981 Law "the legal status of foreign citizens
may also be determined on the basis of the USSR's international treatie~" means
that, given the existence of an internLtional treaty which defines the legal
status of foreign citizens, the legal status of foreigners in the USSR is
determined by the regulations of this international treaty which are carried
through into Soviet law as a fulfillment of the treaty by means of the publica-
tion of a special legisl3tive or other legal document. And the fact that in
this case it is preciseiy a Soviet legal document that is meant, and not some
other kind of form of attributing to the norms and regulations of an international
treaty an obligatory character for the subjects of intra-state law (a court
decision, custom, and administrative order) is witnessed by the system of imple-
menting international treaties which exists in the USSR. Thus, in accordance with
the USSR Constitution, the Presidi~ of the USSR Supreme Soviet ratifies and
renounces international treaties (Point 6 of Article 121). It adopts the
corresponding Ukazes on these matters. In accordance with Point 6 of Article 131
of the USSR Constitution, the USSR Council of Ministers, within the limits of
its authority, "takes measures to ensure the fulfillment of USSR international
treaties. The Law on the USSR Council of Ministers which was adopted on
5 July 1978 establishes that the decisions of the USSR Council of Ministers are
published in the form of decrees and orders (Article 31). The 6 July 1978 Law
- on the procedure for concluding, executing, and renouncing international treaties
provides for the publication of legislative and government acts for the realiza-
tion of international treaties on the territory of the USSR (Articles 6 and 24)
and so forth.
It is important to emphasize that the legislative formula of the norm which is
contained in Article 2 of the 24 June 1981 Law and which determines not only the
necessity for a national legal reception of the regulations of an international
treaty, but also practically predetermines the very form of this reception (by
means of the adoption of a Soviet legislative or other legal document), and which
is used in the practice of Soviet legislation for the first time in this~law
fully corresponds to the system which has developed in the USSR of publishing
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national legal acts on the implementation of the regulations of international
treaties which have been concluded by the USSR and, apparently, can find an
a~plication in other legislative acts.
And one more comment. The absence in the 24 June i981 Law (as occurs in a number
of other laws, for example, in the Principles of the Labor Law o~ the USSR and
Union Republics) of a norm regarding the priority of the application of the
regulations of international treaties by no means signifies that this prin~iple
will not be employed in the sphere of the regulation of the legal status of
foreigners in the USSR. As a rpsult of' the overall nature of the legal sphere
which is connected with the regulation of the status of foreigners in the USSR,
it is obvious that a11 of the concrete norms which concern the individual aspects
of the juridical sta~us of foxeigners in the USSR and which are contained in special
or general acts of USSR legisla!:ion, for example, in the Principles of the Civil
Law, Prin�iples of the Law on Health Care, and On Public Education, On Civil
Legal Proceedings, and so forth in which there is a norm regarding the priority
of the application of the regulations of international.treaties continue to be
in effect in view of the above-mentioned priority norm. In such cases the norm
which is contained in Article 2 of the 24 3une 1981 Law acquires a subsidiary
significance, actually defining the ways and forms of creating USSR national norms
which bring into Soviet domestic state law the regulations of international
treaties.
BIBLIOGRAPHY
1. V. I. Lenin, "Draft of the Third Point of the Gener~l Political Part of the
Program: Eighth Congress of the Russian Cou~unist Party (Bolsheviks).
18-23 March 1919," Complete Works, Vol 38, p 185.
2. --L. I. Brezhnev, "Socialism, Democracy, and Human Rights," KOMMUNIST, No 2, 1981.
3. "Stengraphic Report of the Second Section of the USSR Central Executive
Committee of the Second Convocation," Moscow, 1924, p 490.
4. Collection of Laws, No 41, 1918, p 519.
5. N. V. Mironov, "The Legal Regulation of the Foreign Relations of the USSR.
1917-1970," Moscow, 1971, pp 95-124.
6. VEDOMOSTI VERKHOVNOGO SOVETA SSSR, No 26, 1981, p 836.
7. Collection of ~overnment R egulations and Decrees of the USSR, No 9, 1978, p 60.
8. Collection of I~aws of the USSR, No 59, 1926, p 439.
9. IZVESTIYA, 25 June 1981.
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10. Collection of Laws of the RSFSR, No 29, 1918, p 391.
_ 11~ Collection of Laws of the 1tSFSR, No 87-88, 1918, p 905.
12. Collection of Laws of the RSFSR, No 70, 1922, p 903.
COPYRIGHT: Izdatel'stvo "Nauka", "Sovetskoye gosudarstvo i pravo", 1982
2959
CSO: 1800/408
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NATIOAAL
NEW MOSQUES IN SOVIET UNION LISTED, DESCRIBID ~
Tashkent MUSLIMS OF THE SOVIET EAST in English No 1(53), 1982 pp 5-6,
11-12, 23 - .
[Excerpts] To perform diiferent religious ~ ~Ios~~ues function in every
rites in Northern Caucasus ~~�e large rc~ional centres of ihe
have official ministers oi the cult Dc}iizak district in ~ti�hich eve-
. who are v?~ell versed in the teaeh- r~�da~� ~i~lamic rites are regular-
ings of Islam and Shariat and I~� di~p~~nsed ~ritl~ and so, in
every Muslim. who happens to be tf~e interests of all faitiiful, a
a resident of Northern Caucasus, n~~~- lar~e catliedral mosque lias
is accorded an opportunity oi re- tiir~~~rn its portals ~~�ide open in
gularly attending mosques. Along tlic ~ciitr~ o~ Dzl~izak. lts build-
with this and numerous function� in~; are surrounded b~ ~�er-
ing mosques at present in~ these ~li,r~~ a~ ~~~ell as ~rcll-appointed
parts constructional v~�ork is in ~iot~:es oF ~[uslim resid�cnts
_ progress and new mosques are ~~�ith a broad asphalt-paced road ~
- being opened out to public con- ~vhich sen~es appropriately thc
. tinuousl~�. Thus, quite recently, needs of ~�etiicular traffic at ii~
such ne~v mosques ~~~ere opened approach to buildings of this ~
out in Gudermes and at a popula- ne~v mosqu�e.
Court-yard oF this mosqu~~ is
ted centre of Barsuki of the Na- full of vineyards and flo~~'ers
zransk district of the Checheno- and all its service quarters are
Ingush .~?utonomous Soviet Soci- covered by luxurious carpets
alist Republic and further new and rugs and chambers c~f ini-
mosques are being opened out as nisters of tlie cult are decorated
well in the Karachayevo-Cher- ~rith erquisite taste so that they
kessian Autonomous Region. may receive their parishioners
A great deal of attention is at latter's request and to per-
paid by our Religious board to form marriage ceremonies a�he-
matters associated with the pre- ne~~er the occasion calles for.
paration of highly qualified per- Our correspondent approach-
- sonnel for Muslim communities ed IVazar Kas}�m Nourmano~~,
and for this purpose, y~oung peo- imam-hat}�b of this cathedral
plc are sent for lurthcr studies to mosque, ~vith request to tell
such religious institutions like him something about the cta}~-
the "1~tir-Arab" madrasah in Buk- to�day functions of }iis mosquc,
hara and the Hi~h Islamic activities of its ministers of
Institule oi al-Bukhari in Tashkent. the cult as ~vell as sometl~ing
Thus, in course of the recent about himself and this re~�ered
years to these institutions irom shail:h told our correspondent
. Northen Caucasus ~~~~e ha~�e sent that he ~~~as born in 1940 in
mnre than 20 students. ~ 'Dzhizak in familv of a~1usli~~i
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peasant. Here lie successfully ritics on thcir part liave provi-
finished a school of secondary ded a~reat deal of assistance
education in 19~T and by the in expediiin~ the constructional
grace of tf~e Almighty Allah ~vorl:s on this mosq~ie by timely
as ~~�ell as his o~~�n ambition~ Provision of dif~ef~ent l,iiildin~
he enroiled into the "Nlir-Arab" m~atcrials entailcd ~viif~ the
inadrasah in Bukhara ~wl~crc, buildin~ of ihis shrinc oi wor-
- along ~vith otl~er students fcom ship and all the faithful Mus-
different Soviet Republics, he lims, ~vitli the feelin~s of sin-
studied the Holy Quran and tcre joy, offcred their prayers
Sunnah of our beloved prophet for the ~velfare and futUre
Nluhammad (may the Almighty prosperity of our Govcrnment
Allah bless him). Further, ~t~hich selflessly provides all-
- shaikh Nazar Kasym expressed round care and deep concern
his sincere gratitude and feel� for the Muslims, thus providing
ings of deep respect towards them ~r�ith every possible facili-
his tutors Ziyautdinkhan Bin ty to unobstructedly practice
[shan Babakhan, Yusufkhan their religious rites which ser-
Shakirov, Abdulgani Abdullai- ' ves as a further evidence of
yev. Siddirdin Karyh and other an exceptional example as to
members of the tutorial staff �~hat the Soviet State can ac-
who perseveringly extended to tually do for the benefits of ~
him every kind of assistancee its Muslim community.
in mastering the proficiencies While dwelling upon this
of the sacred teachings of subject, it's quite inproper or-
lslam and directed him upon der to mention here, that in
the true'pat}~ which is indicated every case plots of well-appoint-
by the Almighty Allah. On ed' and fertile land tivhich are
graduating from this madrasah needed for the building of ne~v
shaikh Nazar Kasym �~as ap- cathedral mosques are, as a
pointed as imam-hatyb of general practice, allocated free
cathedral mosque in Dzhizak of all costs as was the case at
~~-here he sho~ved not only his thE time of providing a suita-
_ e~cellent . kno~vledge in the ~ ble plot of land for erection of .
teachings of Islam, but in his thic nc~~� caih~~Iral m~?c~jiic in
profound knowledge of organi- 1)zhiiak. lis .c~?nstrnrti~?i~ ~~~a.
~ zational abilities as well ~vhich ~ cond~u�ted unclc~r tl~c dircrt
pro~ved to be of a vital impor- ~ s~ipc~rvisic~n uf sume a( the tnos!
tance at the time oi building 1 sl;iliul craftsmen ~vhc, ha~~c
t~ic nc~t~ mo~qiic ~~~hich, i~~~ n~ many ycars of expcricncc 1?r-
mc~ans. pr~?~�~�cl tc~ I?~� an rasy hind thcir shauldcrs in ~xrcut-
ta~k. Shaikli IVazar 1