Between Conflict and Silence: A Human Rights Analysis of Freedom of Expression in South Ossetia

The 2008 Russo-Georgian War originated from long standing political and territorial disputes between Russia and Georgia, which are often dated back to the early 20th century when South Ossetia and Abkhazia, two regions historically part of Georgia, were made autonomous entities within the Soviet Union. Georgia's endeavour to reassert control over the autonomous region of South Ossetia, which had achieved de facto independence, precipitated a swift Russian military intervention characterised by incursions and aerial bombardments in August 2008.

The then French President Nicolas Sarkozy, in his capacity as the President of the European Union, brokered a ceasefire, a pivotal agreement necessitating the withdrawal of military forces but permitting the continued presence of Russian troops in South Ossetia, thereby consolidating their de facto dominion over these regions. However, the persistent geopolitical consequences of the war exacerbated the schism between Russia and Western nations and raised grave concerns about the human rights situation for individuals living in the breakaway region.

Hence, this article seeks to offer an exploration of the current human rights situation in post-conflict South Ossetia, with a specific focus on the right to freedom of expression. Here other human rights concerns, such as violations against internally displaced populations, should be acknowledged. Nevertheless, in light of the substantial body of research found in scholarly publications and authoritative reports, including those by Amnesty Internationaland the International Crisis Group, this article has elected to redirect its focus towards the relatively underexplored inquiry into the issue of freedom of expression within the context of South Ossetia. The article begins with a contextual overview of South Ossetia, including recent developments in 2022, and then explores the challenges related to freedom of expression, both politically and access to free media. It will conclude with a brief note on the specific limits to the freedom of expression of religious minorities.

This article draws inspiration from a recent research expedition to Georgia conducted in collaboration with the Human Rights Centre of the University of Padua. Sincere gratitude must be extended to the local organisations in Georgia for their invaluable contributions that have enriched the discussions presented herein.

Context

As previously mentioned, the 2008 conflict's roots can be traced back to early 20th-century tensions. The 1992 war between South Ossetia and Georgia, driven by South Ossetia's desire to align with Russia and Georgia's aim to maintain territorial integrity, resulted in significant casualties and a subsequent ceasefire, establishing South Ossetia as a de facto independent state under Russian influence. The 2008 War, involving Russian forces, led to the expulsion of the remaining Georgian government presence and most ethnic Georgian civilians. While the return of displaced people commenced according to the Council of Europe, safety guarantees have not been provided, with a 'policing vacuum' issue remaining in the buffer zone between Georgia and South Ossetia, a priority for the Council of Europe Commission to facilitate the safe return of internally displaced individuals.

Only Russia and a handful of other states have since recognised South Ossetia’s independence and the territory remains almost entirely dependent on Moscow, which exerts a decisive influence over its politics and governance. Local media and civil society are largely controlled or monitored by the authorities, and the judiciary is subject to political influence and manipulation.

South Ossetia & Freedom of Expression

Freedom of expression is the basic human right to freely express thoughts and opinions without government censorship, vital for democracy, diverse discourse, and creativity, while also bearing responsibility for avoiding hate speech and violence incitement. The Universal Declaration of Human Rights in 1948 enshrined freedom of expression as a fundamental human right in Article 19, stating that

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

Regional human rights agreements, like the European Convention on Human Rights and the American Convention on Human Rights, also contain provisions safeguarding it.

In 2023, Freedom House ranked South Ossetia as having 12/100 on their ‘Freedom in the World’ scale ranking, considering an amalgamation of both political rights and civil liberties. This scale seeks to assess the level of political rights and civil liberties in a given geographical area, regardless of whether they are affected by the state, non-state actors, or foreign powers. The absence of freedom of expression in the region has dual consequences, affecting not only the political landscape directly but also significantly impinging upon the accessibility and autonomy of independent media. Each of these aspects will be examined separately below.

Freedom of Expression in Politics

Freedom of expression in politics is a cornerstone of democratic societies, allowing citizens to voice their opinions, engage in political discourse, and hold governments accountable. In the case of South Ossetia, where political parties challenging Moscow's influence or the separatist establishment have traditionally not been allowed to operate, this fundamental right is essentially non-existent, highlighting the region's limited political pluralism and open debate.

In recent years, a number of parties have nevertheless been able to register and compete in recent elections, such as the People's Party of South Ossetia and the Nyhas Party, with some successfully displacing older groups. However, these groups do so at great risk to their own safety, with the Central Election Commission (CEC) - the electoral authority responsible for organising and overseeing elections and referendums within the region - continuing to block large numbers of individual candidates. Only 39 of the 99 candidates seeking single-member seats ahead of the 2019 parliamentary polls were approved by the commission. During the 2022 presidential campaign, just five out of 17 candidates were registered. Furthermore, some of the presidential candidates whose registrations were denied accused CEC officials supporters of interfering with their applications.

According to Freedom House’s (2022) assessment, individuals whose views within politics do not align with the limited spectrum permitted by Moscow, South Ossetian authorities, and associated private businesses face substantial barriers to meaningful participation in the political process. Consequently, freedom of expression in politics is severely restricted, with anti-government parties lacking formal recognition, and individuals seeking to voice discontent towards the government similarly lacking representation. This underscores the challenges to genuine political pluralism and open discourse in South Ossetia, and, if we refer to the definition of freedom of expression provided above, the right to hold opinions ‘without interference’, this right clearly does not exist.

Freedom of Expression in the Media

In the context of the media, freedom of expression refers to the unimpeded right of journalists and media outlets to convey information, opinions, and ideas free from censorship or undue government constraints. Within South Ossetia, local media, including the television channel Ir, the newspapers Yuzhnaya Osetiya and Respublika, and the online portal Res, are almost entirely controlled by the de facto authorities. However, foreign media, including broadcasts from Russia and Georgia, remain accessible and the Russian state-owned news service Sputnik produces content in both Russian and Ossetian.

Despite this, self-censorship is pervasive, journalists sometimes face physical intimidation or assaults, and defamation charges are employed against critical outlets or reporters. In 2017, Tamara Mearakishvili, a journalist and activist collaborating with Georgian and international media, including Radio Free Europe/Radio Liberty, was detained by authorities for critiquing the regime in her work. Although the case was dropped in December 2022, Mearakishvili was still seeking financial compensation for legal expenses and the return of personal belongings that were seized during her arrest, including a local passport needed for travel between South Ossetia and the rest of Georgia. Clearly, expressing opinions in the media within South Ossetia poses a risk of arrest, detention, and threats.

Freedom of Expression for Religious Minorities

Expressing your religion is a crucial aspect of freedom of expression, as it encompasses the fundamental right to openly share and practise one's religious beliefs and values. In South Ossetia, the religious landscape is diverse, with the majority being Orthodox Christians, but also a significant Muslim community, and some adherents to the traditional pre-Christian Ossetian religion. While most Orthodox Christians in the region are part of the South Ossetian Orthodox Church, there are minority followers of the Georgian Orthodox Church. Currently, a contentious issue pertains to the control of some properties of the Georgian Orthodox Church by the South Ossetian Orthodox Church in the region, along with impediments placed on Georgian clergy's travel to the territory, exacerbating tensions between the two religious branches. Individuals adhering to the Georgian Orthodox branch reportedly encounter heightened discrimination and persecution due to the public expression of their beliefs.

Additionally, Jehovah's Witnesses have faced a ban, being labelled an 'extremist' organisation within the region since 2017, limiting the ability of individuals to publicly practise their faith beyond Orthodox Christianity.

Conclusion

Therefore, this article has offered a concise overview of the situation in South Ossetia, aiming to raise awareness about ongoing human rights violations. With its particular emphasis on the absence of freedom of expression in politics, the media, and for minority groups, it seeks to act as a prompt to the reader, to deepen their understanding of the pervasive human rights abuses in this relatively under-examined region.