17 April 2013
CERD/C/RUS/CO/20-22
International Convention on the Elimination of A ll Forms of Racial Discrimination
Committee on the Elimination of Racial Discrimination
1.The Committee considered the twentieth to twenty-second periodic reports of the Russian Federation (CERD/C/RUS/20-22), submitted in one document, at its 2211th and 2212th meetings (CERD/C/SR.2211 and 2212), held on 14 and 15 February 2013. At its 2227th and 2228th meetings, held on 26 and 27 February 2013, it adopted the following concluding observations.
2.The Committee welcomes the timely submission of the combined twentieth to twenty-second periodic reports, which is in conformity with the reporting guidelines. The Committee also appreciates the inclusion of a section on the measures taken to implement each of the previous concluding observations of the Committee.
3.The Committee further appreciates the open dialogue it had with the high-level delegation of the State party, the submission of information under the Committee’s follow-up procedure (CERD/C/RUS/CO/19/Add.1), and the additional information provided orally by the delegation, notwithstanding the number of questions and issues raised by the Committee.
4.The Committee notes the efforts taken by the State party since the review of its last report in August 2008 to strengthen its legal framework, with the aim of enhancing the protection of human rights and giving effect to the provisions of the Convention, such as:
(a)The adoption of Federal Law No. 182-FZ on 12 November 2012 which introduced amendments to the 2002 Federal Law on Citizenship of the Russian Federation aimed at simplifying the process of acquiring citizenship for certain categories of persons, such as former Soviet citizens;
(b)The entry into force of the Federal Law No.3-FZ on Police on 1 March 2012 as part of ongoing efforts to reform the law enforcement system, which stipulates, inter alia, that the police shall “protect the rights, freedoms and legal interests of a person and a citizen regardless of gender, race, ethnicity, language and origin” (art. 7).
5.The Committee also welcomes the ratification of, or accession to the following international and regional instruments during the period under review:
(a)The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (September 2008);
(b)The European Social Charter (October 2009);
(c)Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) (February 2010);
(d)The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (August 2012);
(e)The Convention on the Rights of Persons with Disabilities (September 2012).
6.The Committee also notes other initiatives taken by the State party to promote human rights and the implementation of the rights enshrined in the Convention, such as:
(a)The establishment of an Interdepartmental Working Group on inter-ethnic relations in 2011, chaired by the Deputy Prime Minister and consisting of representatives of 15 federal Government bodies, the Federation Council and the State Duma;
(b)Contribution of funds to the Anti-Discrimination Section of the Office of the High Commissioner for Human Rights and to support the work of the Special Rapporteur oncontemporary forms of racism, racial discrimination, xenophobia and related intolerance.
7.While noting that article 19 of the Constitution provides that the State shall guarantee the rights and freedoms of individuals regardless of sex, race, ethnic background, language, or origin, the Committee reiterates its previous concern that the State party has yet to adopt comprehensive anti-discrimination legislation containing a clear definition of racial discrimination (CERD/C/RUS/CO/19, paras.9 and 11). Moreover, while noting the existence of equality guarantees in a number of federal and regional legislative acts, the Committee is concerned that such legislation covers only limited spheres of life, and may apply to citizens only (arts.1, 2 and 6).
The Committee reiterates its previous recommendation (CERD/C/RUS/CO/19, paras. 9 and 11) that the State party adopt comprehensive anti-discrimination legislation containing a clear definition of direct and indirect forms of racial discrimination that covers all fields of law and public life, in accordance with article 1, paragraph 1 of the Convention.
8.The Committee regrets the absence in the State party’s periodic report of disaggregated data on the enjoyment of the rights protected under the Convention by ethnic minorities and non-citizens, despite the explicit request made in its previous concluding observations (CERD/C/RUS/CO/19, para.10) (arts.1 and 5).
The Committee reiterates is previous recommendation (CERD/C/RUS/CO/19, para. 10) to establish a mechanism for systematic data collection, based on the principle of self-identification, to assess the socio-economic status of different ethnic groups in the State party, including in areas such as education, employment and housing. Such a mechanism is indispensable in devising and implementing special measures to address any inequalities in the enjoyment of rights, as well as in evaluating the effectiveness of various anti-discrimination measures adopted by the State party, as outlined in the revised reporting guidelines (CERD/C/2007/1 , para. 11). It also recommends that such data be disaggregated by gender, given that gender-issues may intersect with racial discrimination (general recommendation No. 25 (2000)).
9.While noting the information provided by the State party that statistics on the number of civil and administrative court proceedings involving complaints of racial discrimination are not kept because such acts are uncommon in the Russian Federation (CERD/C/RUS/CO/19, para. 28), the Committee reiterates its concern regarding the absence of information on such acts of racial discrimination, particularly in the light of reports that it has received to the contrary. The Committee also regrets the lack of information on cases illustrating direct and indirect application of the Convention by judicial and administrative bodies, as well as on legal redress provided to victims of racial discrimination (arts. 2 and 6).
(a) M easures taken to collect information on the number of complaints of racial discrimination and on the decisions taken in criminal, civil and administrative court proceedings, including on redress provided to victims of racial discrimination;
(b) M easures taken to ensure that victims of racial discrimination are aware of the available legal remedies and have access to legal aid, recalling its previous recommendation in this regard (CERD/C/RUS/CO/19, para. 28);
(c) Measures taken to provide for a shared burden of proof in criminal, civil and administrative court proceedings concerning acts of discrimination ;
( d ) I llustrative examples of the application of the Convention in criminal and civil courts and administrative procedures.
10.The Committee notes the existence of the Human Rights Ombudsman, regional Ombudsmen, including also regional Ombudsmen on the rights of indigenous small-numbered peoples. It also notes the information provided by the State party that complaints of discrimination in any area of public life may be referred to the Office of the Human Rights Ombudsman (CERD/C/RUS/20-22, para. 522). The Committee however regrets the absence of information on such cases, particularly on cases of racial discrimination. In this connection, the Committee also notes the recommendation made by the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intoleranceto establish an independent body dealing solely with the issue of racial discrimination following his visit to the Russian Federation in 2007 (A/HRC/4/19/Add.3, para. 83) (arts. 2 and 6).
(a) C omplaints of racial discrimination received and examined by the Human Rights Ombudsman (Commissioner for Human Rights) and the regional Ombudsmen and their outcomes, as well as measures taken to ensure that there is awareness of the ir role s in this regard;
(b) I nf ormation on other specific action taken by the Human Rights Ombudsman and regional Ombudsmen to combat racial discrimination.
11.While noting the efforts made by the State party to combat extremist organizations and the reported decline in manifestations of extremism in 2011, the Committee is nevertheless deeply concerned that:
(a)Instances of racially-motivated violence and murders have reportedly risen in 2012, particularly among young people, targeting persons originating from Central Asia, the Caucuses, Asia and Africa, as well as Roma and ethnic minorities of Muslim or Jewish faith;
(b)Racist and xenophobic acts, including instigation of street fights and beatings, by inter alia neo-Nazi groups and fans of football teams against members of ethnic minorities have become more frequent in 2011 and 2012, often leading to deaths or injuries of members of ethnic minorities;
(c)Such racist and xenophobic acts are not sufficiently condemned by the authorities;
(d)Courts often tend to give suspended sentences in cases of racially-motivated offences, despite the amendment of the Criminal Code in 2007 to ensure that the motive of ethnic, racial or religious hatred or enmity is considered as an aggravating circumstance;
(e)The federal list of banned extremist materials and of extremist organizations, despite recent updates, continues to contain inconsistent and outdated information (art. 4).
(a) Systematically , firmly and unequivocally condemn all acts of intolerance, racism and xenophobia;
(b) Increase its efforts to give primary consideration to combating extremist organizations and their members involved in acts of racial discrimination when applying the Law on Combating Extremist Activities and article 282 of the Criminal Code;
(c) E nsure prompt action by the police, prosecutors and the judiciary in investigating and punishing racially-motivated crimes with appropriate penalties, and also develop further training and awareness-raising for these bodies;
(d) Collect and publish statistics concerning incidents of hate crimes in the State party, disaggregated by type, location and the number of victims. Such statistics should be based on court results, taking into account both acquittals and convictions.
12.The Committee is seriously concerned that:
(a)Extremist groups that espouse exclusiveness and superiority on ethnic grounds, such as neo-Nazi groups, have reportedly become increasingly active and visible in public life while openly expressing racist and xenophobic views;
(b)Racist or xenophobic statements are not always condemned publicly by officials;
(c)Politicians are increasingly using xenophobic and racist rhetoric, particularly in the context of elections, frequently associating Roma with drug trafficking and crimes, as well as migrants and persons originating from the Caucuses with criminality;
(d)Media continue to disseminate negative stereotypes of, and prejudices against minority groups, including Roma and Chechens;
(e)Such ideas are increasingly disseminated via the Internet (art. 4).
(a) Systematically, firmly and unequivocally condemn all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, and incitement to acts of violence against any race or group or persons of another colour or ethnic origin ;
(b) Ensure that adequate sanctions are taken against politicians fuelling intolerance or incitement to hatred, in accordance with article 4(c) of the Convention. In this regard, the Committee welcomes the commitment made by State party during the dialogue with the Committee to follow-up on the dismissal of court cases against the mayor of Sochi, Pakhomov, who publicly stated in October 2009 that all Roma and homeless persons should be expelled from Sochi and sent to perform involuntary work at the construction sites located on the outskirts of the town;
(c) Encourage media professionals to promote tolerance and respect for ethnic and cultural diversity, including through more vigorous training and awareness-raising of their ethical duties, and through more effective implementation of existing self-regulation mechanisms of the media;
(d) Establish effective mechanisms to combat hate speech disseminated on the Internet, while ensuring that appropriate safeguards are in place to prevent any undue interference with the right to freedom of expression.
13.Notwithstanding the information provided by the State party that it is taking steps to introduce a more exact definition of extremism (CERD/C/RUS/20-22, paras.107-113), the Committee reiterates its concern that the definition of “extremist activity” in the Federal Act No. 114 of July 2002 on Combating Extremism as well as in articles 280 and 282 of the Criminal Code remains overly broad and vague, allowing for arbitrariness in its application (CERD/C/RUS/CO/19, para.17). Moreover, the Committee is concerned aboutthe adoption of the Federal Law regarding the “Regulation of Activities of Non-Commercial Organizations Performing the Function of Foreign Agents”, which came into effect in November 2012, and the impact it may have on the ability of non-governmental organizations who work to promote and protect the rights of ethnic or religious minorities, indigenous peoples and other vulnerable groups to continue their legitimate activities (arts.2 and 4).
14.The Committee reiterates its concern that ethnic minorities, on the basis of their appearance, such as Chechens and other persons originating from the Caucasus, Central Asia or Africa, as well as Roma continue to be subject to disproportionately frequent identity checks, arbitrary arrests and detention, and harassment by the police and other law enforcement officials (CERD/C/RUS/CO/19, para.12). Additionally, it is concerned aboutreports of extortion of bribes, confiscation of identity documents, and the use of violence and racial insults during such checks, as well as by the lack of effective investigation, prosecution and sanctioning of law enforcement personnel for such misconduct, abuse of or discrimination against ethnic minorities. Furthermore, the Committee is concerned aboutthe information that voluntary “Cossack patrols” began to appear in 2012 in various regions to carry out law enforcement functions alongside the police, and that there have been incidents of use of violence by them against ethnic or religious minorities (arts. 2 and 5).
(a) Ensure that the Law on Police is effectively implemented and that appropriate legal measures are taken against law enforcement officials for unlawful conduct based on racially discriminatory grounds;
(b) Provide meaningful and mandatory human rights training to police and other law enforcement officials, including i n initial training and throughout their careers to prevent racial profiling , and amend the performance targets for the police accordingly, in accordance with general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system;
(c) Ensure that the functions of maintaining law and order are undertaken by professionally trained law enforcement officials only, and that any interference of individuals’ rights by Cossack organizations are appropriately sanctioned;
(d) Provide information in its next periodic report concerning measures taken to eliminate such practices as well as on their impact.
15.While appreciating the information provided by the State party delegation during the dialogue with the Committee regarding the adoption of an action plan in January 2013 to improve the socio-economic situation of Roma communities, the Committee is concerned that specific objectives, strategies, timeframe, implementation and evaluation mechanisms have not yet been established, and that the plan is not available publicly (arts.2 and 5).
(a) Open and participatory consultations are held in devising and implementing the N ational A ction P lan to address the obstacles faced by Roma to enjoy their rights, including the participation of Roma community, civil society representatives and experts on this issue, and that such a plan is made available publicly;
(b) T he plan includes special measures to facilitate their access to residence registration, citizenship, education, adequate housing with legal security of tenure, employment and other economic, social and cultural rights, in accordance with general recommendation No. 27 (2000) on discrimination against Roma, as previously recommended by the Committee (CERD/C/RUS/CO/19, para. 14), and that the plan contains a particular focus on the rights of Roma women, in accordance with general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination;
(c) The plan is sufficiently funded to guarantee its effectiveness.
16.The Committee remains deeply concerned that forced evictions of Roma and destruction of Roma settlements continue to take place, as acknowledged by the State party (CERD/C/RUS/20-22, para. 500). It is also concerned about reports that such actions are frequently carried out with violence, and that Roma are rarely offered alternative housing or adequate compensation, leaving them in an even more precarious situation (arts.2 and 5).
The Committee recommends that the State party halt the persistent practice of forced evictions and destruction of Roma settlements without offering alternative housing or adequate compensation. It also reiterates its previous recommendation that existing settlements be legalized to the extent possible (CERD/C/RUS/CO/19, para. 26).
17.While noting the information provided by the State party that the practice of placing Roma children in special classes in a number of regions is not a forced segregation measure (CERD/C/RUS/20-22, para.507), the Committee is nevertheless concerned about reports that Roma children placed in such classes are usually isolated from other pupils and are not permitted into the corridors or bathrooms designed for common use, and that conditions in schools designated for Roma children are often much worse than in mainstream schools (arts.3 and 5).
(a) E nd all practices of de facto segregation of Roma children and ensure that they have access to all facilities in schools;
(b) C arefully review the criteria by which Roma children are allocated to special remedial classes;
(c) E nsure that Roma children are fully integrated into the general education system and that they participate proportionately at all levels of the system.
18.While noting the efforts made by the State party to simplify the procedure for obtaining temporary residence and work permits, the Committee remains concerned about reports that various administrative barriers are put in place by the police in some areas to delay, or sometimes even prevent the registration of individuals belonging to some minorities, including Chechens and other persons originating from the Caucasus, as well as migrants and Roma. Moreover, while noting that residence registration is not required to enjoy the rights set out in the Constitution pursuant to the Federal Act No. 5242-1 of 1993 on the right to freedom of movement and choice of residence, the Committee is concerned that in practice, the enjoyment of many rights and benefits, such as access to housing, social services, and health care, and in some instances, education, is dependent on registration (arts.2 and 5).
E nsure that the residence registration system is implemented in a transparent manner without bias and in ways that guarantees the rights of those seeking registration, including through accessible translation of the information;
Take necessary administrative measures to ensure the registration of members of all vulnerable communities, including internally displaced persons and Roma ;
( c) Prosecute and sanction as appropriate discriminatory or arbitrary behaviour by officials involved in such activities ;
( d ) E nsure that applicants can appeal decisions deemed to be discriminatory;
( e ) G uarantee that the de facto enjoyment of rights by all individuals in the Russian Federation is not dependent on residence registration.
19.While noting the information provided by the State party that the “Russian legislation contains all necessary provisions prohibiting discrimination at work and allowing for the restoration of violated rights” (CERD/C/RUS/20-22, para.499), the Committee remains concerned aboutreports that migrants and ethnic minority workers, including women and girls, originating mainly from Central Asia and the Caucasus, continue to be subjected to exploitative work conditions and face discrimination during recruitment. The Committee also notes that legalization of migrants remains difficult due to anti-immigrant sentiments, poor enforcement of existing regulations, a restrictive quota system which limits the number of work permits issued, and the existence of an informal economy that thrives on illegal workers. Moreover, the Committee is concerned that following the 2006 amendments to the Labour Code, persons considering themselves to be discriminated against in the sphere of labour can no longer petition the labour inspectorate (arts.5 and 6).
The Committee recommends that the State party ensure that migrant workers, regardless of their legal status, are effectively protected against exploitative conditions at work and discrimination during recruitment, including by facilitating access to effective remedies. The Committee further recommends that particular measures be taken in this regard to protect women and girl migrants. The Committee also requests the State party to provide information on the number of cases brought before the courts concerning discrimination in employment and the outcome of such cases.
20.While the Committee welcomes the adoption of a ConceptPaper in 2009 on the sustainable development of indigenous peoples defining the federal policy from 2009 to 2025, it nevertheless remains concerned that:
(a)The implementation of the objectives outlined in the Concept Paper remains slow, and that recent changes to federal legislation regulating the use of land, forests and water bodies, such as the voiding of article 39(2) of the Federal Act on Fishing and the Preservation of Aquatic Biological Resources, revision of article 48 of the Law on the Animal Kingdom, and amendments to the Land and Forest Code, have reportedly diminished the rights of indigenous peoples to preferential, free and non-competitive access to land, wildlife and other natural resources by granting licences to access such resources to private businesses;
(b)Since the adoption of the 2001 Federal Law on Territories of Traditional Nature Use (TTNU) of Numerically Small Indigenous Peoples of the North, Siberia and Far East, which foresees the possibility of establishing federally protected territories to guarantee indigenous peoples’ free access to land, no such territory has been established to date;
(c)A new draft federal law on TTNU referred to in the State party’s report (CERD/C/RUS/20-22, para. 277) could diminish the status of protected territories, as the draft reportedly no longer contains the reference to the free-of-charge and exclusive use of the territories by indigenous peoples, and thus would allow the territory to be expropriated and used by third-parties, including extractive industries;
(d)The obligation to consult with indigenous peoples through their freely elected representative bodies prior to any agreement regarding industrial development of their land as stipulated in the 1999 Law on Territories is implemented to varying degrees in different regions and is often disregarded;
(e)Despite the information that the Ministry of Regional Development has approved a method for calculating the extent of damage caused by private companies to the traditional habitat of indigenous peoples, payment of compensation is on a voluntary basis (CERD/C/RUS/20-22, para. 286), and indigenous communities rarely receive compensation for the destruction of their habitat and resources by private companies, including by Norilsk Nickel, one of the largest industrial conglomerates in the State party;
(f)Indigenous communities allegedly face obstacles to engage in economic activities beyond their “traditional activities”;
(g)Indigenous peoples continue to be underrepresented in the State Duma and other Government bodies at federal and regional levels (arts.2 and 5).
(a) Include, in its next periodic report, concrete information on the results and impact achieved through the implementation of the 2009 Concept Paper on the sustainable development of indigenous peoples, as previously requested by the Committee (CERD/C/RUS/CO/19, para. 15);
(b) Ensure that any legislative changes enhance, rather than diminish, the rights of indigenous peoples, as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples;
(c) Take all necessary steps to approve and establish Territories of Traditional Nature Use to ensure the protection of such territories from third-party activities;
(d) Ensure in practice that indigenous communities are effectively and meaningfully consulted through their freely elected representative bodies for any decisions that may impact them and that adequate compensation is provided to communities that have been adversely affected by the activities of private companies, in accordance with the Committee’s general recommendation N o . 23 (1997) on the rights of indigenous peoples;
(e) Ensure that indigenous peoples are duly represented at all levels of Government and administration, as previously recommended by the Committee (CERD/C/RUS/CO/19, para. 20);
(f) Implement other recommendations made by the Special Rapporteur on the rights of indigenous peoples following his mission to the Russian Federation in October 2009 (A/HRC/15/37/Add.5).
21.While the Committee notes an impressive array of educational, cultural and awareness raising initiatives taken by the State party to promote tolerance and combat prejudices (CERD/C/RUS/20-22, paras.311-401), it notes the absence of information on the concrete impact of such activities, the extent to which targeted communities are involved in the development and implementation of various plans and programmes, and procedures in place to evaluate the effectiveness of such activities (art. 7).
(a) E nsure that funding provided for the support of cultural activities of minority communities is allocated according to clear criteria and is accessible to all interested minority communities, with transparent procedures for the allocation of funds;
(b) E nsure that all activities and initiatives are implemented following a careful needs assessment and identification of specific objectives, and evaluate their impact and effectiveness.
22.Bearing in mind the indivisibility of all human rights, the Committee encourages the State party to consider ratifying those international human rights treaties which it has not yet ratified, in particular, treaties the provisions of which have a direct bearing on the subject of racial discrimination, such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990), the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, International Labour Organization Convention No. 169 ( 1989) concerning Indigenous and Tribal Peoples in Independent Countries and Convention No. 189 (2011)concerningDecent Work for Domestic Workers.
23.In light of its general recommendation No. 33 (2009) on follow-up to the Durban Review Conference, the Committee recommends that the State party give effect to the Durban Declarationand Programme of Action, adopted in September 2001 by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the outcome document of the Durban Review Conference, held in Geneva in April 2009, when implementing the Convention in its domestic legal order. The Committee requests that the State party include in its next periodic report specific information on action plans and other measures taken to implement the Durban Declaration and Programme of Action at the national level.
24.The Committee recommends that the State party continue consulting and expanding its dialogue with organizations of civil society working in the area of human rights protection, in particular in combating racial discrimination, in connection with the preparation of the next periodic report and the follow-up to these concluding observations.
25.The Committee recommends that the State party ratify the amendments to article 8, paragraph 6, of the Convention, adopted on 15 January 1992 at the fourteenth meeting of States parties to the Convention and endorsed by the General Assembly in its resolution 47/111. In this connection, the Committee cites General Assembly resolutions 61/148, 63/243 and 65/200, in which the Assembly strongly urged States parties to accelerate their domestic ratification procedures with regard to the amendment to the Convention concerning the financing of the Committee and to notify the Secretary General expeditiously in writing of their agreement to the amendment.
26.The Committee recommends that the State party’s reports be made readily available and accessible to the public at the time of their submission, and that the observations of the Committee with respect to these reports be similarly publicized in the official and other commonly used languages, as appropriate.
Common c ore d ocument
27.Noting that the State party has submitted its core document in 1995 (HRI/CORE/1/Add. 52/Rev.1), the Committee encourages the State party to submit an updated core document, in accordance with the harmonized guidelines on reporting under the international human rights treaties, in particular those on the common core document, as adopted by the fifth Inter-Committee meeting of the human rights treaty bodies held in June 2006 (HRI/GEN.2/Rev.6, chap. I).
28.In accordance with article 9, paragraph 1, of the Convention and rule 65 of its amended rules of procedure, the Committee requests the State party to provide information, within one year of the adoption of the present concluding observations, on its follow-up to the recommendations contained in paragraphs 12(b), 13, 15(b), and 20(b) and (c) above.
29.The Committee also wishes to draw the attention of the State party to the particular importance of the recommendations in paragraphs8, 9, 10 and 14 above and requests the State party to provide detailed information in its next periodic report on concrete measures taken to implement these recommendations.
30.The Committee recommends that the State party submit its twenty-third and twenty-fourth periodic reports in a single document, by6 March 2016, taking into account the specific reporting guidelines adopted by the Committee during its seventy-first session (CERD/C/2007/1), and addressing all the points raised in the present concluding observations. The Committee also urges the State party to observe the page limit of 40 pages for treaty-specific reports and 60-80 pages for the common core document (HRI/GEN.2/Rev.6, chap. I, para. 19).