'So Whose Agents Are We?' Defining (international) human rights in the shadow of the "Foreign Agents" law in Russia

Malcomson, Mercedes (2020) 'So Whose Agents Are We?' Defining (international) human rights in the shadow of the "Foreign Agents" law in Russia. Birkbeck Law Review 7 (1), pp. 122-153. ISSN 2052-1308.

Abstract

The Russian Federation’s “foreign agents” law has been criticised as a threat to civil society. The negative impact of the law’s implementation has been widespread across the human rights sector. Human rights defenders affected by the law have, in turn, employed counter strategies. They have demonstrated their expertise in engaging non-legal methods by prompting dialogue and engaging critically with the language of the law. Primarily a way of tackling the most harmful effects of reputational damage, this dialogue also serves as a framework within which human rights defenders can position themselves. The dialogue emphasises the depth of engagement between human rights defenders, the state, and the wider public, through vernacularisation and advocacy. Situating my study within a review of recent literature on Russian society and theory on civil society, spanning sociology, anthropology and political science, I foreground modes of engagement between the state, activists and the wider Russian society. Understanding the law’s implementation and NGOs’ responses within this broader framework allows scholars and policymakers a greater knowledge of the “foreign agents” law’s reach, and creates a space from which to discuss possible next steps.

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