Homegrown Solution:

Dagestan Innovates to Address Ethnic Diversity

 

Enver Kisriyev

 

Dagestan has developed a unique local self-government system that is especially suited to the republic’s ethnic, social and historical peculiarities.

The republic does not have a dominant titular population, but instead is home to a wide range of ethnicities. Although nationalist leaders sometimes seek to divide the population along ethnic lines, Dagestanis are more likely to identify with a town or region. Traditionally, Dagestan was divided into hundreds of small city states or jamaats, and memories of these boundaries remain. Rather than claiming loyalty to a specific ethnicity, a Dagestani is more likely to give allegiance to their jamaat.

The old jamaat structure never completely disappeared under communism, and during the recent transition, when higher authorities were in a state of turmoil, the people looked to their local governments for leadership. So Dagestani’s have a history of local self-government, and they are accustomed to giving real power to local authorities.

In the political wrangling that took place as Dagestan sought to form a new government, statesmen and senior officials of the old guard elite have had to make way for the new entrepreneurs and leaders of nationalist movements. A third category of leader, consisting of statesmen-entrepreneurs who belong to both of the other elite categories, has emerged to seize the upper echelons of power in the republic. All of these political players attempt to use their own ethnic ties to build up their power bases. But no single ethnic group can claim dominance in the political sphere. In fact, careful analysis of the situation indicates that ethnic issues are not at the core of Dagestani politics. In truth, while politicians publicly proclaim the importance of ethnicity, the real source of powers is the jamaats, and a successful Dagestani politician needs strong backing from a jamaat, or several jamaats with similar interests.

But given the importance that ethnicity receives in public discourse, leaders sought to develop a Constitution that addresses ethnic issues and can provide equal representation for all ethnicities. The result was a unique document that has developed organically, a process that helped the new Constitution gain the acceptance of the Dagestani people. Dagestan does not have a single president, but rather a “collective president” or State Council, which has one member from each of Dagestan’s 14 officially registered minorities. The Constitution also establishes ethnic “territorial districts,” in which candidates cannot campaign for election unless they belong to the specific ethnic group designated for that district. While this system may appear outwardly undemocratic, by removing ethnicity as an issue in elections, these “territorial districts” help ease inter-ethnic relations—and force candidates to focus on more substantial issues than nationality.

Despite its acceptance within the republic, Dagestan’s Constitution is in conflict with some of the norms set down in the Russian Federation’s Constitution. As federal authorities seek to harmonize the laws of all the republics, the rules in Dagestan may be altered. But changing Dagestan’s Constitution would mean discarding a system that has been especially designed to meet the unique needs of the republic. Any artificial structure put up in its place might not work as well, and might also be rejected by the populace.

In this chapter, we will outline some of the ethnic peculiarities and other unique factors that define Dagestan and look at the ways in which these peculiarities have influenced the republic’s response to local self-government.

 

 

1.    Introduction

 

It was clear to observers in the regional capital of Makhachkala that the Communist Party was losing its grip in 1989, when the levers of power were taken over by the top leadership of the Council of Ministers and the Supreme Soviet of the Dagestani Autonomous Soviet Socialist Republic (DASSR).

By that time it was also clear that Moscow no longer ruled the republic as it had done for decades during the Communist regime. Instead, the central government, through all the traditional channels of its influence, was provoking radical political changes in the provinces. The innovations radiating from the center were both mystifying and disastrous to the local leadership, who had to rely on their own resources and experience to tackle the problems raised by “perestroika.”

The structure of state power that emerged in Dagestan, following the disintegration of the Communist regime and the USSR, was the result of internal development. The system of government described in Dagestan’s 1994 Constitution was a natural response to the republic’s situation and uniquely suited to the peculiarities of the social and political structure of Dagestani society.

Of those peculiarities, the one that had the greatest impact on Dagestan’s government is its ethnic composition, which is unique in the entire post-Soviet space. Dagestan has no “titular,” or “state-forming” nation. The republic is a geographic concept that has existed since at least the 16th century, and its name, which translates as “the Land of Mountains,” is not derived from any ethnic name, as, for instance, Tatarstan or Bashkor-tostan. The idea of opposition between “indigenous” and “alien” peoples has never been valid or significant in Dagetstan’s political discourse. There are 14 local nationalities that have roots in the republic’s traditional rural settlements and are officially registered as Dagestani: Avars (about 28 percent of the population), Darghins (slightly more than 16 percent), Kumyks (13 percent), Lezghins (about 13 percent), Russians (7 percent), Laks (more than 5 percent), Tabasarans (5 percent), Chechens (about 5 percent), Azeris (more than 4 percent), Nogays (1.5 percent), Rutuls (about 1 percent), Aguls (about 1 percent), Tsakhurs (about 0.5 percent) and Tats (less than 0.5 percent).

The peoples of Dagestan speak languages belonging to three basic linguistic families: Iberian-Caucasian languages are spoken by Avars, Darghins, Lezghins, Laks, Tabasarans, Rutuls, Aguls, Tsakhurs and Chechens; Turkic languages are spoken by Kumyks, Nogays and Azeris; and Indo-European languages are spoken by Tats, whose language belongs to the Iranian group, and Russians.

Most of Dagestan’s ethnic groups follow the Sunnite variety of Islam—except for Azeris and the people of the Lezghin village of Miskindji, who are Shiites; Russians, who are Orthodox Christians; and Tats, who practise Judaism.

In addition to the principal nationalities mentioned above, there are many smaller, more compact ethnic groups living in mountain villages and speaking their own languages. Fourteen of these groups are related to the Avars: Andi, Archin, Akhvakh, Bagulal, Bezhtin, Botlikh, Genukh, Godaberin, Gunzib, Didoy, Karatin, Tindin, Khvarshin and Chamalin. Two of them are related to the Darghins: Kubachin and Kaitag. So the total number of ethnic groups in the republic is at least 30.

Prior to the arrival of Russians, Dagestan was comprised of a great number of “republics” or “free societies,” as they were termed in the official Russian documentation and historiography. By the time the region and Russia undertook active contact, in the late 18th to early 19th centuries, Dagestan had over 60 petty states with different types of government. In the mountains, the common government style was “a federative republic,” which was an independent “free society” or union of free societies. In the foothills and on the flat land there were various authoritarian regimes. Underlying all these political entities were the so-called jamaats—societies based on densely populated and strongly fortified settlements, situated in the center of the people’s agricultural lands and farmsteads. An analysis of historical sources shows that the ultimate, “atomic” sovereignty belonged to the jamaats, which formed voluntary, or sometimes forced, unions and super-unions. Such city-states had their own civil laws, called jamaat adats,2 and all their adult male population took part in solving issues of war and peace, forming unions with other jamaats or seceding from them. By a very approximate estimate, there were about 350–400 such city-states in Dagestan in the 19th century.

While the jamaat was ethnically homogeneous, from the ethnographic point of view it was only part of an ethnic community, as defined by the objective characteristics of shared or cognate language, territory, etc. Although such larger ethnic communities existed, in traditional Dagestan there was no “national” identity. Social and political identity was based, above all, on belonging to a jamaat, and then beyond that, to a union of jamaats. Often, the jamaats that belonged to these groups were ethnically different from one another, according to the objective definition, and so the unified jamaats could not be considered a single ethnic community.

Careful study reveals that the jamaat structure never disappeared completely after Dagestan lost its independence, when Shamil surrendered in 1959. The structure still manifested itself in the colonial administration of what was known as the “Dagestani region,” which was divided into districts, or nahibats. Even the Soviet collective farms basically followed the traditional structure of jamaats.

When Gorbachov’s perestroika brought on a collapse of social order, followed by a destructive transformation of most aspects of daily life, the jamaat structure once more assumed its political functions. It became a key factor in supporting “one’s own people” in all the newly emerging economic and civil institutions of Dagestani society. Ultimately, loyalty to one’s jamaat identity is more important than loyalty to any other grouping—ideological, political or even national. The nationalities in Dagestan were established in the 1930s by scholars, using objective registration of ethnic characteristics, as part of the process of “solving the nationalities issue.”

During the radical transformation that followed the fall of totalitarian power, Dagestan’s traditional ethnic and cultural peculiarities—above all its ethnic variety—began again to have a direct influence on all social processes and the formation of a new political structure.

 

 

2.    Preparing a New Constitution for Dagestan

 

The work of constitutional transformation in Dagestan began with the first Congress of People’s Deputies, which, for the first and last time under the Communist regime, was elected on an alternative basis on April 24, 1990. The second session of the republic’s Supreme Soviet, held July 27, 1990, formed a commission led by Supreme Soviet chairman Mahomedali Mahomedov, who ordered the establishment of a working group of the Constitutional Commission. This working group included Dagestan’s leading scholars, industrialists and prominent political activists from the new wave. They tackled the task of formulating the concepts behind the republic’s new political structure.

The Dagestanskaya Pravda of Oct. 2, 1990 published the draft Declaration of State Sovereignty of the Dagestani Soviet Socialist Republic (DSSR). The document, prepared by the Constitutional Commission and approved by the republic’s Supreme Soviet, did not specifically mention the rights of Dagestan’s nationalities, and instead used the phrase “the people of Dagestan.” Only once, in the preamble, it mentioned “the right of all the peoples of Dagestan to self-determination.” The semantic nuances of the term “people” as a civil and as an ethnic category can best be seen from the text:

 

“The Congress of the People’s Deputies of the DSSR,

expressing the will of the people of Dagestan,

aiming to provide for each citizen an inalienable right to a worthy life,

recognizing the priority of the principles of democracy, social justice and human rights,

wishing to demonstrate an example of inter-ethnic harmony and consistent internationalism,

proceeding from the wish of the people of Dagestan to pursue independent economic, social and cultural policies,

understanding that the lawful aspiration of the people of Dagestan to state sovereignty should never be used for violating the existing internal unity,

considering that the status of an autonomous republic has ceased to meet the economic and cultural interests of the republic,

and realizing the right ofall the peoples of Dagestan to national self-determination,

declares the STATE SOVEREIGNTY of the Dagestani Republic and transforms it into the Dagestani Soviet Socialist Republic.”

Fearing a possible wave of “sovereignization” by separate ethnic groups in Dagestan, the authors of the draft declaration avoided the term “peoples of Dagestan” and emphasized the civil meaning of “people.” Thus, in Articles 2 and 3 the decraration says:

 

“2. The source of state power in the Dagestani SSR is its people. The people of Dagestan, made up of free, equal citizens of all nationalities, exercise state power directly and through the representative organs of power. The right to speak in the name of the entire people belongs to the supreme organs of state power.

3. No political party, public organization, any other group of citizens, or an individual citizen, can claim a right to exercise sovereign state power.”

 

And another article of the declaration clearly shows the wish to completely neutralize a possible attempt by any separate Dagestani nationality to acquire sovereign political status:

 

“13. Neither a person, nor a public organization, can claim a right to speak in the name of its entire nationality.”

 

The heated disagreement that arose during the preparation of the draft declaration is witnessed by the fact that two members of the commission proposed their alternative variants and published them for a discussion. An active debate on the various versions of the declaration followed in the press.

But the republic was not destined to pass that declaration: Dagestan was the only member of the Russian Federation that never proclaimed its independence, even though it had been deliberately provoked to do so by Moscow. Instead, events following the publication of the draft declaration dampened efforts toward proclaiming Dagestani sovereignty.

On Nov. 4, 1990, about a month after the draft’s publication, an extraordinary congress of the Nogay people and the Terek Cossacks was convened in the large village of Chervlyoniye Buruni. The congress included over 300 delegates from the Nogay, Tarum, Babayurt and Kizlyar districts of the republic, along with guests from the Nogay and Cossack people of the Stavropol Region, Karachayevo-Cherkessia and Checheno-Ingushetia. The congress passed a Declaration of Sovereignty of the Indigenous Peoples of the Nogay Steppe. They also passed an appeal, addressed to the powers of the DASSR, CHIASSR and the Stavropol Region, which stated unequivocally that, should Dagestan proclaim its sovereignty, the entire northern section of that republic would secede from it.

On Nov. 9, 1990, a congress of the Kumyk popular movement called Tenglik passed a Declaration of Self-Determination of the Kumyk People. Also on that day, a congress of the Lezghin people, in Belidji in southern Dagestan, passed an Appeal to the Congress of the People’s Deputies of the Azerbaijan Soviet Socialist Republic and DASSR. The appeal asked these congresses “to confirm the right of the Lezghin people to self-determination and to set up a commission for working out a mechanism for the re-unification of the Lezghin people and the demarcation of the borders between the two republics.” The appeal said that, if those demands were rejected, “The Lezghin national council would prepare for holding a referendum on the form of national self-determination of the Lezghin people within a new Soviet Federation.”

Given the situation, the second Congress of the People’s Deputies of the DASSR, meeting on Nov. 15, 1990, refrained from passing the sovereignty declaration. Instead, on the following day, at a meeting in Kizilyurt, a new group called the Imam Shamil People’s Front of Dagestan was founded. The group proclaimed itself to be all-Dagestani but was actually made up exclusively of Avar people. It was headed by Hadji Makhachev, then a little-known young man from the Kazbegi District. The group’s aim was to act “for the unity of the republic, against all forms of separatism.”

By that time, in an atmosphere of developing political crisis in the country, the new Supreme Soviet and the Congresses of the People’s Deputies of the Dagestani ASSR became, for the first time, a real arena for political interaction. There were debates on the amendments and supplements to the DASSR Constitution (Nov. 15 1990) and on the new Union Treaty (May 5, 1991), followed by amendments “On the Status of the Republic,” “On the Draft of the New Union Treaty” and “On the Draft of the Federative Treaty.” It was then that the word “autonomous” was dropped, and Dagestan gained the status of “union republic.”

The work on the text of the new constitution continued, but the constantly changing situation was reflected in the changes in wording. The gist of the debate focussed around two key issues: 1) the choice between a single leader or a collegiate organ at the apex of the executive power; 2) the problem of proportionate representation of ethnic groups in the state powers of Dagestan. These issues were important because the greatest challenge to Dagestan’s survival as a single unit was the need to harmonize a multitude of ethnic forces that were increasingly using nationalist sentiment as their political resource. Such a situation usually results in an escalation of inter-ethnic tension, because every conflict in the struggle for power and property tends to take on ethnic overtones.

The republic’s political elite, who were all fighting for shares of the pie, were wary of installing a presidential mode of government, since that would inevitably give an advantage to the president’s ethnic group. It became evident that there was a need for proportionate ethnic representation in the state powers.

The failed coup in Moscow, in August 1991, and the subsequent collapse of the Communist Party, escalated political tension and accelerated the process of reform in the republic. The fourth Congress of the People’s Deputies, held Sept. 17, 1991, discussed a referendum to introduce the presidency. The congress also discussed “Early Elections to the Supreme Soviet of Dagestan” which were demanded by the opposition—especially by the nationalist forces. In addition, the congress passed some decisions dictated by events in Moscow, including measures “On Ending the Activities of Organizational Structures of Political Parties, Public Associations and Movements in the Organs of Power and Government” and “On Measures for Implementing the Decrees of the President of the RSFSR (Russian Soviet Federal Socialist Republic) on Suspending the Activities of the Communist Party of the RSFSR.” In January 1992, the Constitutional Court of the DSSR was formed.

On June 28, 1992, during a period marked by an escalating struggle for power in the republic’s government and rising separatist trends in the ethnic groups of Kumyks, Nogays, Lezghin and Cossacks, a referendum was held on the question of a presidency in Dagestan. The result was a landslide vote against the idea.

The referendum made it clear that no single group could claim dominance in Dagestan. With new opportunities for enrichment, a multitude of relatively stable political groupings, formed on the basis of traditional solidarity, had come onto the scene and joined in the struggle for power and a share of former state property. The situation necessitated discussions and compromises to resolve a variety of sometimes vicious conflicts and achieve a stable balance of forces. On the one hand, this power balance provided a high degree of durability for the overall social system; on the other, it could not eliminate conflicts altogether. So many unresolved disputes went on shaking the republic all through the past decade. But, cynical as the assertion may seem, the conflicts also performed a certain stabilizing function for the entire political system.

A new draft constitution was presented to the Constitutional Commission’s 19th session on Aug. 31, 1992 by the head of its working group, B. Akhmedov, the first deputy-chairman of the Supreme Soviet. Akhmedov said the key issue for Dagestan’s constitutional order was fair representation of ethnic groups. In that context, the majority of the working group, and the Constitutional Commission as a whole, supported the idea of a two-chamber parliament. But in trying to work out a mechanism for forming these chambers, the commission came up against differences that it failed to settle.

The stumbling block was the idea of dividing Dagestan’s electorate on ethnic lines. If that happened, members of the ruling elite would become controlled by the masses of the particular nationality they served. Success in elections would no longer involve agreements between various political groupings in their common stand against the rising tide of mass movements. Instead, politicians would rely on appeals to their “own” ethnic groups and on the nationalist demagoguery needed to win votes. The “old guard” was very worried about their chances for survival in such a new political order. But the new “nationalist” leaders felt that they would fare better in an ethnically divided political landscape.

Seeking to press their advantage, the new nationalist leaders campaigned hard to convene a Congress of the Peoples of Dagestan. They envisioned a meeting where “representatives of all nationalities of Dagestan,” elected for that congress, would proclaim their authority to assume full power in the republic. In the atmosphere of the time, such a method of a political coup d’etat seemed to have a fair chance of success. But the republic’s existing leadership succeeded in seizing the initiative from the new, informal leaders. By organizing the people’s congress, the old guard was able to manage the gathering to its own advantage.

It was during the build-up to the congress that open confrontation between the “new” and “old” leaders gave way to political haggling and agreements. The most prominent leaders of the new wave began to be incorporated into the republic’s elite—a situation that further complicated the phenomena of conflicts and coalitions.

The Congress of the Peoples of Dagestan was held Nov. 13, 1992. Contrary to the expectations of many, its balanced decisions resulted in a considerable stabilization of the public and political situation. It was probably during this congress that the latent political structure of ethno-parties finally crystallized. That development prevented the republic from disintegrating on ethnic lines and determined the nature of Dagestan’s future formal political structure.

A vital factor in the final shaping of the Constitution was the cooperation among three senior political figures from the three largest ethnic groups of Dagestan: The chairman of the Supreme Soviet, M. Mahomedov, was Darghin; Prime Minister A. Mirzavekov was Kumyk; and M. Aliyev, who was secretary of the republic’s committee of the Communist Party of the Soviet Union and then first deputy-chairman of the Supreme Soviet, was Avar. The nearly imperceptible opposition between these  key figures had a decisive influence on the formation of the power structure.

The last stages of work on the new Constitution of Dagestan were made difficult by the escalating struggle between Russia’s Supreme Soviet and President Yeltsin. After the so-called “White House” in Moscow was fired upon by tanks and the “Soviet power” fell, just as the Communist rule before it, the 23rd session of Dagestan’s Supreme Soviet carried out similar reforms of state power and local self-government. And after the Russian Federation’s Constitution was adopted and the Federal Assembly was elected in December 1993, the work on Dagestan’s Constitution entered its final phase.

 

 

3.    The Structure of Political Forces in Dagestan

 

The political and economic transformation in Russia may be described as “a revolution from above.” The ruling elite could only affect such radical changes, while avoiding outside interference, in a society that has no influence in the choice of political leaders or other decisions of major importance for the nation. That Russia has undergone precisely such a revolution is seen from the fact that the upper crust has been practically unscathed by a painful transformation process, which was disastrous for nearly all other strata of society. The political, economic and intellectual elite has remained “on top,” just as it was under the Communists.

A similar process took place in Dagestan, but it was altered by the republic’s ethnic and cultural character, which had only manifested itself as a political factor after the collapse of the former totalitarian regime. Beginning with the first years of perestroika, Dagestan’s leadership gradually shed control of the central government and increasingly had to respond autonomously to the coming changes.

Throughout Russia, the structural changes in the elite of the new post-communist society did not so much involve replacing the “old guard,” but rather allowing the nouveau riche, previously unknown in Soviet society, to join the upper echelons of power. In the USSR, a political career used to proceed in measured steps, under rigid party and state control, and the requirements and procedures for promotion could not be formally circumvented. After the changes, the new elite rapidly joined the old elite, adding to the overall number of state officials. While the fall of the cumbersome Soviet communist regime might have been expected to result in simplified government institutions, the total number of state officials has actually doubled throughout Russia, and in Dagestan it has nearly trebled.

For some time after the fall of the communist regime, there were no visible changes in Dagestan’s top power strata. But certain inconspicuous trends, which would eventually transform the republic’s political elite, had begun to develop. In describing the new structure of the elite, we must single out two categories of the ruling class:

      Elite 1: high-ranking statesmen and senior officials;

      Elite 2: major figures in the non-government sphere, including successful entrepreneurs, leaders of nationalist movements and/or informal groupings commanding large financial resources and/or mass support of their followers.

 

Until the mid-1990s these were the two main groups among Dagestgan’s leadership. Parallel to the development of that binary structure—and from within its ranks—there emerged yet another category, Elite 3, who seized the top reigns of power. This third group was created by those who simultaneously belonged to both of the other elite categories, and its growth was fueled by two tendencies:

      enrichment of senior state officials, their involvement in public politics and consequent formation of latent armed support forces around them;

      attainment of high state and economic posts by the charismatic nouveau riche, through state appointments or democratic elections.

 

It is Elite 3, of course, that gradually became dominant. Members of the two other elites who had failed to move to the third one found themselves marginalized, and their status suddenly reduced.

The situation resulted in several types of conflict within the ruling class: first, among the “heavyweights” of Elite 3; second, between that group and the two others; third, between Elite 1 and Elite 2; and fourth, within each of the two marginalized elite groups. In the course of this infighting, a dynamic structure, consisting of horizontal and vertical relations of power and submission, slowly developed. The “heavyweights,” while tensely opposing each other, were also interested in mutual interaction in face of the “second echelon,” which fell into groups supporting this or that “heavyweight.” In their effort to move to the top echelon, or at least to keep their official posts or wealth, the “marginals” sought support both above and below them, thus building up a hierarchy of patron-client relations.

The most solid basis for these relationships was found among ethnic ties. The old ruling elite, who lost traditional backing as old power structures crumbled, sought to build new support among their own ethnic groups. They tried to reap the benefits of the mutual trust that exists between friends and relatives who come from the same neighborhood and have the same ethnicity. Meanwhile, the ethnic organizations, which were headed by new leaders and were gaining more grass-roots popularity, were actively opposed to the republic’s government. This threat induced the old guard to strengthen their vertical internal ethnic ties. The theme of ethnic identity, therefore, became a crucial factor throughout the transition period, and it still remains important.

The old guard and the new leaders both worked to strengthen the political elite’s influence on ethnic movements. As high state officials strove to become the leaders of their own ethnic groups, the informal leaders of ethnic movements and the nouveau riche tried to penetrate the ruling elite. Some members of both groups succeeded in their attempts.

Thus, through the transformations of the past decade, the multi-ethnic structure of Dagestan became the crucial political factor in the republic. Instead of being mobilized on the basis of ideological differences or political trends, Dagestan’s political forces were broken down on the basis of traditional ethnic and cultural identities and values. Ethnic groups, which only recently played no political role, have now turned into the leading subjects of the political process.

But it would be a simplification to say that political decisions follow ethnic lines. Despite its apparent significance in the public mentality, nationalism in Dagestan fails to produce tangible political results. Some leaders who rely heavily on nationalist rhetoric fail to collect even the required number of signatures to support their nomination for parliament. Others who espouse nationalism enter the ruling elite by making concessions in the cause of protecting the interests of their ethnic group, and rise thanks to qualities having nothing to do with their nationalist discourse. Moreover, practice shows that the ethnic factor is usually pushed to the side, or even ignored, when serious problems are solved.

A deeper analysis of political practices, electoral behavior, and other phenomena, prompts the conclusion that the nationalist discourse the public sees actually conceals, rather than reflects, the genuine system of political relations in Dagestan. The real players are structures that are absent from the political discourse, but they may be discovered if we ignore the public arena and instead concentrate on the specifics of the internal political developments.

These latent structures of power may be called ethno-parties for they have all the formal attributes of typical West European political parties:

      a degree of shared convictions and common interests, needed for mobilizing social forces;

      an organizational structure with one or several strong leaders and a sufficient number of activists for mounting public actions;

      financial support from some members of the economic elite and mass support of certain parts of the population.

 

The only distinction from West European political parties lies in the fact that the leaders and supporting masses in Dagestan belong to the same sub-ethnic community: a large village or several villages that are historically connected—what Dagestanis know as jamaats. Ethno-parties may include persons of other nationalities, but their leaders and financial and mass support come from the same visible traditional society, which is much better organized than an ethnic group. In fact, no ethnic group in Dagestan has a single political center. The ethno-parties express the interests of more specific groups. Their leaders may form alliances with similar ethno-parties of different ethnic origin than their own, if that meets their interests.

 

 

4.    The Structure of Dagestan’s State Power

 

On July 26, 1994, the Constitutional Assembly passed the new Constitution of Dagestan, a document that takes unusual measures to ensure representation of many ethnicities. What follows is a breakdown of the power structure as outlined in the Constitution.

The Constitutional Assembly is the supreme source of power in the republic, because its functions include: 1) passing the Constitution; 2) forming the State Council, the top executive collegiate body, and changing the council’s line-up; 3) making essential amendments in the Constitution. The Constitutional Assembly consists of 242 members, and half of these belong to the 121-member full parliament, or the People’s Assembly of the Republic of Dagestan. The other half of the Constitutional Assembly consists of delegates, who are elected by the representative organs of the local self-governments—in the same proportions and from the same administrative territories as the deputies of parliament.

“The collective president of Dagestan”—the State Council—has 14 members and is designed to serve the officially registered minorities. Under Article 88 of Dagestan’s Constitution, “The State Council may not include more than one representative of one nationality.” The Constitutional Assembly, by secret ballot, elects the chairman of the State Council, who is the head of state under Article 92 of the Constitution. This State Council chairman recommends a candidate for the post of chairman of the government, or prime minister, who automatically becomes the first deputy chairman of the State Council.

After the top two officials, each representing a different nationality, are named, representatives of the other 12 registered nationalities are elected to the State Council by the Constitutional Assembly. To do this, each member of the assembly votes by secret ballot for one candidate from the 12 available nationalities. The top two vote-winners from each nationality then face each other in a second round of voting to determine who joins the State Council. The State Council is elected for four years. Its members are not to be deputies of parliament, members of the government or judges, but they can work as an attorney, a teacher or the head of a joint-stock company or enterprise.

The 121 deputies to the parliament are chosen by universal suffrage, through direct and secret ballot, from one-mandate constituencies. Dagestan’s Constitution “guarantees the representation of all the peoples of Dagestan,” and this is achieved by the law “On the Elections to the People’s Assembly of the Republic of Dagestan.”

Under this law, the republic is divided into ethnically homogeneous territories—such as the highland areas wholly populated by Avars, Darghins, Lezghins, Laks, Tabasarans, etc.—and ethnically mixed territories—including the cities and lowland rural areas. The homogeneous areas have no ethnic limitations on nominees to parliament. In the mixed areas, the election commission sets constituencies that each nominate candidates of a certain nationality. Because every constituency can only choose candidates from one ethnicity, their votes are not influenced by nationality, and there is no reason for ethnic conflict over elections.

In 1995, during the first parliamentary election under this system, 66 out of the 121 one-mandate constituencies were limited to voting for candidates of a specific nationality. In the multi-ethnic areas and cities there were 12 Avar constituencies, 12 Kumyk ones, 10 Russian, seven Darghin, five Tabasaran, five Azeri, four Lezghin, four Chechen, three Lak, two Tat and a Tsakhur one. One more constituency was provided for nominees of any other nationality, so as not to discriminate against such small minorities as Armenians, Jews, Georgians, Ukrainians, etc. Those quotas, in combination with elections in the 55 ethnically homogeneous constituencies, yielded a parliament adequately reflecting the ethnic composition of the republic. The next elections in 1999 were held with the same structure.

Alongside the State Council, which, according to Article 87 of the Constitution, “heads the executive power and provides interaction between the organs of state power of the Republic of Dagestan,” there is another executive institution: the Government of the Republic of Dagestan. Article 103 of the Constitution defines the government as “the executive-administrative organ of the state power.” The chairman of the government is appointed by the State Council, with the approval of the People’s Assembly. The chairman, in turn, makes proposals “on the system and structure of the republic’s organs of executive power ... and submits to the State Council the line-up of the government or changes in it,” according to the Constitution.

It should be noted that many rules that help maintain an ethnic balance, though not included in the Constitution or any official written documents, are strictly followed in practice. For example, the first three state power posts—the chairman of the State Council, the chairman of parliament and the chairman of the government—are occupied by members of different ethnic groups. The deputies of the chairman of the government are also selected so as to represent different nationalities, preferably one of each. The same unwritten rule is observed concerning the deputies of the chairman of the People’s Assembly, the chairmen of parliamentary committees, the departments of the State Council, etc. And there is also an unofficial effort to maintain an ethnic mix in the management of the higher education establishments, research institutions and so on.

 

 

5.    More about the Republic’s “Ethnic-Territorial” Constituencies

 

In order to maintain a fine balance of ethnic representation in the power structures, Dagestan has used election procedures that are unheard of in traditional democracies. The “ethnic-territorial” constituencies, invented for the republic’s parliamentary elections, are particular unusual and bear further study.

The idea of ethnic constituencies is not an abstract theoretical invention divorced from real life. Those constituencies were thought of after the failure of democratic elections for local self-government that were held in early 1994, before the new Constitution was passed. The elections were organized according to the classical democratic standard, but their results were rejected by the multi-ethnic population of most cities and lowland rural districts. That was because, in Makhachkala, for instance, almost exclusively Darghins and Avars were elected to the city assembly; in Kizilyurt, only Avars won; and in Kaspiysk, the winners were mostly Avars and Darghins. Given the specific conditions existing in these regions, the classical democratic procedure meant that only members of the largest ethnic groups would have a chance of being elected. It became clear that the elections had no social legitimacy.

Formal legal procedures borrowed from books or other societies may fail to be legit-imate if there are questions about who has the right to act as representatives of the people. It is essential that elections coincide with the system of values accepted by a certain society. Those values may dictate different electoral procedures, which enjoy public recognition, as being the appropriate means for conferring powers to certain persons. The problem of legitimacy is one of political representation and social accord.

After the first local elections, particularly in Makhachkala, it became clear that such a “representative” assembly could not function. No one, not even the elected deputies, found the local government to be a valid organ, capable of working. In an urgent attempt to save the situation, the republic’s leadership added more seats to the assemblies and formed new constituencies for conducting by-elections—with certain limitations for nominating candidates of specific ethnic groups.

The limitations essentially stipulated that citizens of some constituencies could only vote for candidates of a designated nationality. Such a constituency was called “ethnic-territorial.” That innovation permitted the election of members of ethnic minorities to the local assemblies of the multi-ethnic areas and provided those areas with ethnically balanced representation.

Paradoxically, the issue of ethnicity was not a factor in the “ethnic-territorial” election campaigns, because all the contesting candidates were of the same nationality, while the electorate was mixed. There was no point in candidates attempting to exploit the resource of ethnic solidarity that is otherwise so important in Dagestan. On the contrary, contestants had to try to win as many votes as possible from ethnic groups other than their own. And the candidates, who were all from the same ethnic bloc, readily agreed to talks with each other to set rules for decency in campaigning. As a result, the campaigns, and the voting, proceeded in a peaceful manner.

Two measures were taken in order to give candidates from even smaller minorities, such as Armenians and Ukrainians, an opportunity to win. First, candidates were allowed to be nominated in any constituency, irrespective of their place of permanent residence. Second, special constituencies were reserved for candidates of any ethnic group not included in the 14 officially registered minorities.

Dagestani society was satisfied with these procedures, which were also used for the parliamentary elections of March 1995, when they again proved their effectiveness. Since then, the mechanism of regulating ethnic proportions in parliamentary and local elections in districts with ethnically mixed populations has been accepted as a political tradition.

While the public accepted the unique election procedures for ensuring an ethnic balance, attempts to use the same system to increase the number of women and professional candidates did not enjoy social legitimacy. The government sought to improve the educational level of Dagestan’s leadership by insuring that a certain number of deputies had either economic or legal training. These “professional” deputies, who were supposed to pledge to give up their jobs and work solely in parliament if they were elected, were allotted 25 territorial constituencies. And women, who were underrepresented in government, were allotted six special constituencies. There was even one constituency that was simultaneously designated ethnic, women’s and professional, so that only women of a certain ethnic group with a higher education could be nominated.

But in the 1995 election campaign, the women’s constituencies were unceremoniously grabbed by men, and it appeared that nothing could be done about it, since no court could ban anyone from nomination in any constituency. The same fate awaited the professional constituencies. Even the “professional” candidates who won refused to honor the written pledge to give up their former jobs in favor of professional work in parliament. Again, no court could force them to observe their pledge. In the end, the authorities closed their eyes to those breaches of election procedures, and the public did not seem to mind. But there was never any case of anyone breaching the principle of ethnic constituencies, which apparently had much stronger social legitimacy. This is a striking example of the social legitimization phenomenon at work in the process of emergence and consolidation of legal institutions.

 

 

6.    Future Challenges to Dagestan’s Constitution

 

Much of the early build-up of democratic institutions in Dagestan occurred in “free floating” conditions, at a time when Russia’s central government had abandoned the levers of power in the republic. While Dagestan re-invented its government in this period of relative autonomy, it did feel a strong moral and ideological influence coming from the democratic reforms in the center. These two factors both impacted on the process of democratization in Dagestan.

At present, the central government in Russia has begun restoring its direct administrative mechanisms for governing in the provinces, and Dagestan’s emergent state system is being revised. As it attempts to establish, from the top down, a “single legal space” throughout Russia, the central government is finding objections to certain political institutions in Dagestan—and to the wording of many items in the republic’s constitution. Dagestan’s political structure is now being subjected to a serious trial, and it is possible that it will be replaced by another, more-uniformly Russian system.

But there is a danger that such a new political structure will be unnatural to Dagestan. Because Dagestan’s system developed autonomously and organically, and is designed to meet the republic’s specific needs, it has obtained a certain level of stability. Discarding that system could threaten the social legitimacy of Dagestan’s government and put the current stability at risk.

 

 

1                    We use the notion “jamaat” as the most frequently accepted term for the elementary independent politcal societies. In the political discourse of traditional Dagestan there was no such degree of generalization: specific “jamaats” were known by their proper names—Akhty, Tsudkhar, Akusha, etc. Their “unions” (i.e. relatively stable territorial federations) were also referred to by their proper names—e.g. Akhty-Para, Akusha-Dargo, Antsroso (ten villages), and others.

2                    “Adat” (Arabic—custom) means the peoples’ common law as distinct from the Muslim Shariah law. But it would be wrong to ascribe that distinction to the Dagestani adats: The written laws in Dagestan’s “free societies” and their unions were conceived from their inception as Shariah norms. A tendency to treat them as “adats” came in the early 19th century among the Murides, who fought against independent jamaats for Dagestan’s political unity in facing Russia. They insisted that “pure Islam” be adopted throughout the territory and contrasted “adats” with Shariah law. The Russian colonial administration and historiography borrowed that Muridist terminology, but in fighting against that strong ideological movement, they preferred to revive the “adats.”

3                    Newspaper Dagestanskaya Pravda, Oct. 2, 1990.

4                    Ibid.

5                    Ibid.

6                    They were: Constitutional Commission member Zaidin Astemirov, a professor of law at Dagestani University, who published his version of the Declaration in the Dagestanskaya Pravda on Oct. 18, 1990, and another member of the commission, Supreme Soviet Deputy Mahomed Darbishev, who printed his version and spread it among the commission’s members.

7                    Relating the events of that time I use chiefly my own archive since I was a member of the working group of the Constitutional Commission and observed, as a sociologist, the entire course of political events.

8       See The Constitution of the Republic of Dagestan (1994) Makhachkala: Jupiter.