Vladimir  Slivyak (photo left) sent the following reply in response to Beyond  Nuclear's signing the petition in solidarity with EcoDefense. If you  haven't already signed the petition, do so now at the link above, and  spread the word!
Dear Friend,
 Thank you for signing letter of solidarity with the Russian environmental group Ecodefense.  As you already know, we have been targeted in an attack by the Russian  government seeking to declare our organization a “foreign agent” because  of our opposition to the construction of a nuclear power plant in  Kaliningrad Region, in Russia’s Northwest. Last year, our efforts  finally succeeded in bringing that construction to a stop. We did it for  one simple reason: Both Fukushima and Chernobyl demonstrated very  clearly that radioactive contamination doesn’t know state borders and a  nuclear accident in one country may affect millions of people across the  planet. Our aim is to prevent nuclear accidents in the future.
 
 Now the government wants to slap the “foreign agent” label on Ecodefense.  The government wants people to believe that our anti-nuclear campaign  was conducted for the benefit of some evil “foreign interests” scheming  to destroy the Russian economy. The Russian Ministry of Justice is  taking us to court on a charge of noncompliance with the “foreign agent  law” – a violation carrying fines of up to $22,000, which could be  levied both against the organization and personally against its  director. The first court hearing is to be announced soon and is  expected to take place sometime this summer.
Ecodefense – one of the oldest Russian  environmental groups – has been actively defending the environmental  rights of Russian citizens since 1989. Now our future depends on this  court battle. If the Russian government wins its case, we will be  forcibly shut down, as we cannot pay such fines and we will not accept  the official label of a “foreign agent” – which, in turn, will likely  lead to more fines. 
 
 Below you will find a detailed article we at Ecodefense have written to tell you more about the “foreign agent” law and why the government is trying to shut us down.
If you would like to do more to support Ecodefense in Russia, please feel free to distribute this information as broadly  as possible. Send it around, tell reporters in mass media about it.  International publicity makes it harder for the Russian government to  pursue its agenda of repression against anti-nuclear activists. Ecodefense is the first environmental group in Russia to be facing punishment for  anti-nuclear protests under the “foreign agent” law. We will resist, and  we need your support.
We may ask you in the future to send letters to the Russian  authorities or sign new petitions. Please let us know if you do not wish  to receive further e-mails from Ecodefense.
Sincerely,
Vladimir Slivyak,
Ecodefense, co-chairman
Moscow-Kaliningrad, Russia
 
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Not a “foreign agent”: Who wants to slap the label on Ecodefense and why resisting it matters
Published on July 4, 2014 by Vladimir Slivyak, 			     			 				 								
 MOSCOW–In 2012, Russia adopted the notorious law that  forces to  register as “foreign agents” non-governmental organizations  that engage  in “political activities” and also receive funding from  abroad. Since  then, no organization actually engaged in political  activity has come  to harm from the new law. Rather, trouble started for  those who have  always distanced themselves from the political process  and focused on  protecting the rights of Russian citizens.
In 2013, a group of eleven NGOs – with, mostly, human  rights organizations as well as the environmental group Ecodefense among  them – filed a complaint with the European Court of Human Rights   arguing that the “foreign agent” law violated the rights of Russian   citizens. Court proceedings are currently pending.
In June 2014, the Russian Ministry of Justice embarked on a  campaign aimed at labeling Ecodefense,  which is one of Russia’s oldest  environmental organizations, as a  “foreign agent.” This is the first  such attack against an environmental  NGO since a legislative change that  came into effect in early June  gave the ministry discretion to forcibly  include non-governmental  organizations on the “foreign agent” roster  (thus expanding  significantly the authorities’ mandate, which had  previously required  that a prosecutorial inspection first make a  “foreign agent” finding  against an NGO and then have that claim  supported by a court decision).
This new show of force began with the “foreign agent”  designation  slapped onto five human rights advocacy groups; now, a show  trial is  starting against Ecodefense, to “bring into check” the  environmental movement.
The Russian Ministry of Justice. (Source: minjust.ru)
Having completed its inspection of Ecodefense in early  June, the Ministry of Justice asserts plainly in its summary of  inspection that Ecodefense is a “foreign agent” by saying that “the  organization has been  conducting political activity, including in the  interests of foreign  [funding] sources.” The ministry has not, however,  put us on its  “foreign agent” roster yet. One possible explanation for  this may be  that the ministry is awaiting to see its assertion confirmed  in court,  where it has already submitted papers claiming an  “administrative  violation” – the charge being that the organization did  not voluntarily  register itself as a “foreign agent.” This means that,  besides the  prospect of being officially labelled a “foreign agent,”  Ecodefense is facing fines amounting to several hundred thousand rubles.
So what exactly is at the root of the authorities’ actions?
The ministry’s intentions were clear from the start: Along  with all  sorts of technical paperwork of general nature, the officials  had  requested specifically all documents that pertain to the  organization’s  campaign against the construction of the Baltic Nuclear  Power Plant in  Kaliningrad Region. The ministry showed no such interest  in Ecodefense’s  educational or climate change programs or its work  evaluating the  Russian coal industry’s impact on the environment and  public health, or  indeed any other projects. And, as it follows from the  summary of  inspection that Ecodefense received from the  ministry on  June 16, the organization’s campaign against the nuclear  power plant was  what in fact served as the basis for this “foreign  agent” labeling.
Our campaign against the Baltic Nuclear Power Plant had  started in  2007 – when information had just surfaced that the Russian  State Atomic  Energy Corporation Rosatom was looking to build a nuclear  power plant  in the enclave of Kaliningrad Region to export energy to  Russia’s  European neighbors – and succeeded in convincing a number of  European  banks to deny financing for the construction; several major  energy  companies in Europe have also declined to invest into Rosatom’s   project, and, similarly, no contracts for future electricity have been   signed with potential customers. Europe’s financial participation could   have given Rosatom the needed market entry to sell nuclear power to   European grids – but the plan failed, and the construction was ceased in   June last year. Kaliningrad Region has plenty of energy of its own,  and  there is no exporting electricity to customers who do not want to  buy  it from a plant no one wants to invest money to see built. Stopping  the  Baltic nuclear project was a major success for the environmental   movement and one for which Ecodefense owes a great debt of gratitude to  its partners in Europe, who helped make it happen.
A protest mock-up of the Baltic NPP in Kaliningrad from 2010. (Source: Bellona)
Now, the justice ministry sees Ecodefense’s campaign against this construction as political,   not environmental activity. This, after Fukushima and Chernobyl – two   catastrophes that showed to the world what irreparable environmental   harm nuclear power can wreak. The accusation appears all the more absurd   if one takes into account that opposition to the Baltic Nuclear Power   Plant is a sentiment shared by a wide majority of Kaliningrad  residents.  Apparently, these Russian citizens are all “foreign agents,”  too. Or at  least they think like “foreign agents.”
There is more intriguing detail. In April last year,  Ecodefense underwent a prosecutorial inspection. That was a period when  the  November 2012 “foreign agent” law had failed to yield the  anticipated  effect – independent organizations across the country stood  up en masse  against the law, refusing to register themselves as “foreign  agents” –  so the state deployed prosecutors in countless raids against  NGOs in  search of offenders. But prosecutors who visited Ecodefense discovered no violations – no evidence to support a finding that the   organization was “acting as a foreign agent.” Having the same identical   documents under its examination that prosecutors did a year ago, the   Ministry of Justice now suddenly comes exactly to the opposite   conclusion. What changed between the two inspections? Nothing other than   that the nuclear power plant construction in Kaliningrad Region was   stopped.
Furthermore, the summary of the ministry’s inspection lists  information about Ecodefense’s  activities that was neither in the  documents submitted for the  inspection nor could have come from media  sources. There is nothing  sensational or secret about this information –  it only details a small  part of the organization’s work when the Baltic  nuclear project was  undergoing various stages of the environmental  impact assessment. The  ministry unlikely has resources to surveil  Ecodefense so closely, not to mention that the work in question took  place some  five years ago, long before the passing of the “foreign  agent” law. So  how did the ministry obtain this information? More to the  point, why would the ministry be so interested in the minutiae  of the work  conducted several years ago by an environmental organization  opposing  construction of a nuclear power plant?
But access to the information that the Ministry of Justice  cites in  its inspection summary is certainly available to Rosatom. In  theory,  such information could also be on the files of the Federal  Security  Service, but the details are of much too insignificant and  trivial a  nature to draw the attention of the secret service. This is  why my bet  is on Rosatom as the ministry’s likely source of information.  By all  appearances, it would seem Ecodefense’s  activists have long been  under close scrutiny, and there is very  serious doubt that this  scrutiny falls entirely within the bounds of  the law.
That said, that law is pliable is hardly surprising – not  when a justice ministry official calls Ecodefense after the formal  conclusion of the ministry’s inspection to demand  more documents on the  ostensible grounds that the inspection has been  extended, while it later  turns out that no extension was issued and the  summary was back-dated…  In fact, the very idea of conforming to law  looks moot when the law  requires an organization to voluntarily brand  itself with a demeaning  tag for supposedly conducting “political  activity” – a concept the law  leaves subject to broad enough  interpretation so any authority is  welcome to read what it pleases into  it.
Since being declared a “foreign agent” by the Ministry of  Justice,  we have received dozens of statements of solidarity from all  over the  world. Ecodefense is grateful for the moral and  other support  of the human rights advocacy groups Memorial and Public  Verdict  Foundation in Russia, Greenpeace, the world-famous anti-nuclear  movement  BI Lüchow-Dannenberg in Germany, the National Ecological  Centre of  Ukraine, the U.S.-based Nuclear Information and Resource  Service, the  German urgewald and BBU, Norway’s Bellona and Friends of  the Earth,  Climate Action Network Eastern Europe, Caucasus and Central  Asia, and  350.org, and many others who have spoken out in our defense.  We are very  thankful to the members of the Left Party and the Greens  in the German  Bundestag. And besides the kind words of support, and the  statements of  concern and protest over the Russian government’s  actions, there have  also been in the past two weeks requests to  describe what it is that  non-governmental organizations find so  problematic with the “foreign  agent” status – why are we fighting it?  Let me try to explain it from  the point of view of Ecodefense.
Working as an NGO in Russia has never been easy. It is  without  doubt, though, that the “foreign agent” designation spells its  own set  of difficulties: the increased scrutiny from state authorities  that  translates into more inspections, or the need to keep additional   specialists on staff – lawyers and accountants – which is beyond what a   small organization like Ecodefense can  realistically afford. Given the  scarce resources, the day-to-day work  that an organization has been  created to do is thus effectively  finished; what follows is inspections,  more inspections, court  hearings, and fines. This naturally forces the  organization to stop its  activities and close because an NGO like  Ecodefense does not earn any money; we are a non-profit organization.  The  Ministry of Justice, as it was making its decisions, was well aware  of  our situation. In other words, they are not just intent on closing us   down, they are intent on shutting Ecodefense down as a “foreign agent.”
And yet, this is not the main problem, and not the main  reason why  the status of a “foreign agent” is unacceptable to us.  Agreeing to be  labeled as a “foreign agent” would mean compromising  one’s moral  standards and misleading the public and the Russian state.  We are being  forced to admit to a violation we have not committed.
Ecodefense has always conducted its  activities in  accordance with decisions made by its board, a council  consisting of  Russian citizens, and never in the interests of any  foreign citizens,  organizations, or governments. As a matter of  principle, Ecodefense has  never in its history  participated in politics – elections or any other  actions aimed at  gaining access to political power. Never has our  organization even  agitated for or endorsed any politician, Russian or  foreign.
Being designated as a “foreign agent” would harm the  reputation we  have worked for many years to build and would create a  false impression  that environmental work is undertaken in the interest  of some foreign  entities when in fact it is undertaken to defend the  ecological rights  of Russian citizens.
Therefore, Ecodefense will never agree to the  “foreign  agent” status. We know that Russian courts almost always side  with the  state, and we do not entertain high hopes for a just decision  when we  face these charges in court. But some little hope we do hold  out – and  we will fight to continue our work in Russia. Too severe is  Russia’s  environmental situation, and too much is left to do yet to  abandon this  fight.
This comment was written by Vladimir Slivyak, co-chair  of the environmental group Ecodefense and frequent contributor to  Bellona Web, and translated, with slight changes, for Bellona’s English  page. The Russian original of this text first appeared on the website of the radio station Ekho Moskvy on June 30, 2014.
http://bellona.org/news/russian-human-rights-issues/russian-ngo-law/2014-07-foreign-agent-wants-slap-label-ecodefense-resisting-matters