Committee on the Elimination of Racial Discrimination

Eighty-second session

11 February–1 March 2013

Item 4 of the provisional agenda

Consideration of reports, comments and information submitted by States parties under article 9 of the Convention

List of themes in connection with the consideration of the twentieth to twenty-second periodic reports of the Russian Federation (CERD/C/RUS/20-22)

Note by the Country Rapporteur

Summary

The Committee on the Elimination of Racial Discrimination at its seventy-sixth session decided (A/65/18, par 85) that the Country Rapporteur will send to the State party concerned a short list of themes with a view to guiding and focusing the dialogue between the State party’s delegation and the Committee during the consideration of the State party’s report. The following is a list of themes in connection with the consideration of the above-mentioned periodic reports. It does not require written replies. This is not an exhaustive list as other issues will be raised in the course of the dialogue.

1.The Convention in domestic law, institutional and policy framework for its implementation (arts. 1, 2, 4 and 6)

(a)Information on measures envisaged to establish a mechanism for systematic data collection, other than the census, to assess the socio-economic status of different ethnic groups in the State party (CERD/C/RUS/20-22, para. 410, and CERD/C/RUS/CO/19, para. 10);

(b)Detailed information on complaints of racial discrimination received and examined by the Human Rights Ombudsman as well as their outcomes (CERD/C/RUS/20-22, para. 522);

(c)Safeguards to ensure that the law on “Countering Extremist Activities” is not applied in a discriminatory manner and for purposes beyond its intended aim (CERD/C/RUS/20-22, para. 107 and CERD/C/RUS/CO/19, para. 17).

2.Situation of ethnic and minority communities (arts. 2, 5, 6 and 7)

(a)Information on the enjoyment and obstacles faced by ethnic minorities and minority communities, including Chechens and other persons originating from the Caucasus, Central Asia or Africa, of the rights protected under the Convention, in particular their rights to work, housing, health, social security and education (CERD/C/RUS/CO/19, para. 10);

(b)Information on cases of effective investigation, prosecution and sanctioning of law enforcement personnel for misconduct, abuse of or discrimination against ethnic minorities, as well as measures taken to eliminate such practices (CERD/C/RUS/20-22, para. 414 and CERD/C/RUS/CO/19, para. 12);

(c)Information on the support provided for the preservation of national minority cultures other than the organization of cultural events, procedures and criteria for allocation of financial support, and effective involvement of minority representatives in decision-making on funding allocations (CERD/C/RUS/20-22, paras. 389-401).

3.Situation of Roma community (arts. 2, 5 and 6)

(a)Further information on any measures taken to adopt a national plan of action that includes special measures for the promotion of access by Roma to employment, personal documents, residence registration, adequate housing with legal security of tenure, education and other economic, social and cultural rights, as recommended by the Committee in its 2008 concluding observations (CERD/C/RUS/20-22, para. 260 and 500, and CERD/C/RUS/CO/19, para. 14);

(b)Updated information on forced evictions of Roma, possibilities of appealing court decisions, prior consultation with affected individuals, and provision of alternative and appropriate housing and/or adequate compensation (CERD/C/RUS/20-22, para. 500 and CERD/C/RUS/CO/19, para. 26);

(c)Additional information on Roma children’s enjoyment of the right to education, including in relation to children whose parents lack identity documents, placement of Roma children in separate classes or schools, and support provided to teachers working with Roma pupils (CERD/C/RUS/20-22, paras. 501-507 and CERD/C/RUS/CO/19, para. 27);

4.Situation of indigenous peoples (arts. 2, 5, and 6)

(a)Consequences of changes to federal legislation regulating the use of land, forests and water bodies on the rights of indigenous peoples to preferential, free and non-competitive access to land, wildlife and other natural resources, notwithstanding the adoption in 2009 of the Concept Paper on the Sustainable Development of Numerically Small Indigenous Peoples of the North, Siberia and Far East (CERD/C/RUS/20-22, paras. 277-279);

(b)Guarantees of effective consultation with and participation of indigenous peoples in all decisions affecting them in practice, including through representation at municipal, regional and federal levels of Government, as well as the ability of organizations advocating for the rights of indigenous peoples to carry out their work (CERD/C/RUS/20-22, para. 450 and 492, CERD/C/RUS/CO/19, para. 20);

(c)Measures taken to increase educational opportunities and access to healthcare and economic activities not necessarily limited to small-scale traditional activities for indigenous peoples (CERD/C/RUS/20-22, paras. 272 and 281).

5.Situation of non-citizens, including migrants, refugees, asylum-seekers, internally displaced persons and stateless persons (arts. 5 and 6)

(a)Information on the adoption of a comprehensive integration policy for migrants at federal and regional levels to ensure their enjoyment of the rights contained in the Convention (CERD/C/RUS/20-22, paras. 496-499 and CERD/C/RUS/CO/19, para. 25);

(b)Information on access to adequate housing, food and healthcare by asylum-seekers, including individuals placed in the asylum centre in Ochyor;

(c)Updated information on the situation of internally displaced persons, particularly in the North Caucus, as well as on access to State assistance for displaced persons who fled Chechnya and currently live in other regions (CERD/C/RUS/20-22, para. 451-459 and CERD/C/RUS/CO/19, para. 21).

6.Access to justice (arts. 6 and 7)

(a)Information on the number of complaints of acts of racial discrimination and on the decisions taken in civil and administrative court proceedings, as well as measures envisaged to establish a database or other forms of record-keeping to document such cases (CERD/C/RUS/20-22, paras. 310 and 513, and CERD/C/RUS/CO/19, para. 28);

(b)Further information on measures taken to promote awareness of the Convention and judicial recourse available for acts of direct and indirect discrimination (CERD/C/RUS/20-22, para. 524 and CERD/C/RUS/CO/19, para. 28).