Committee on the Elimination of Racial Discrimination
Consideration of reports submitted by States parties under article 9 of the Convention
Twenty-third to twenty-fourth periodic reports of States parties due in 2016
Russian Federation *
[Date received: 27 May 2016]
Contents
Page
I.Introduction3
II.Information on measures to implement the articles of the International Convention on the Elimination of All Forms of Racial Discrimination6
Article 16
Article 27
Article 412
Article 514
Article 619
Article 722
III.Information on the implementation of the concluding observations of the Committee on theElimination on the Elimination of All Forms of Racial Discrimination on the twentieth to twenty-second periodic reports of the Russian Federation, adopted by the Committee at its eighty-second session27
Annex
Report on the experience of the Russian Federation in the sustainable development of the indigenous minoritiesof the Russian Federation (based on the outcome of the second International Decade of the World’s Indigenous People) in Russian and English**
I.Introduction
1.The present synthesis report, which combines the twenty-third and twenty-fourth reports of the Russian Federation, is submitted in accordance with article 9 (1) of the International Convention on the Elimination of All Forms of Racial Discrimination, (hereinafter referred to as the Convention) and has been compiled in conformity with the general guidelines regarding the form and content of reports to be submitted by States parties to the Committee on the Elimination of Racial Discrimination (hereinafter referred to as the Committee) under article 9 (1) of the Convention. The report covers the period from February 2012 to December 2015 and includes a description of measures aimed at implementing the provisions of the Convention in the Russian Federation since the submission of the country’s twentieth, twenty-first and twenty-second periodic reports (CERD/C/RUS/19). The report also takes account of the concluding observations made by the Committee on the Elimination of Racial Discrimination after its consideration of the reports of the Russian Federation and includes information on their consideration.
2.The report has been compiled by the Government of the Russian Federation and reflects its position. In preparing the report, consultations were held with a variety of non-governmental organizations (federal autonomous ethnic and cultural organizations, human rights organizations, religious organizations and others) and specialized institutes. The Russian Government expresses its appreciation to all participants in that process for their ideas and suggestions.
3.The Convention was ratified by the Union of Soviet Socialist Republics (USSR) on 4 February 1969. After the collapse of the USSR, the main provisions of the Convention were enshrined both in the Constitution of the Russian Federation and in the legal system of the Russian Federation as a whole.
4.The Russian Federation is an exceptional country in that it covers a large part of the continental landmass of Eurasia. Its total area is 17,125,407 square kilometres, with a population of 146,267,288. Over the course of its history, Russia developed as a multi-ethnic State, the backbone of which was constituted by the Russian people. Over the centuries, most of the ethnic groups of Russia evolved within the territory of the Russian State, and for this reason they are categorized as indigenous peoples of the Russian Federation. Indigenous minorities with a population of less than 50,000 are accorded special status by Russian legislation.
5.The term “nationalities policy” in the present report is understood to mean inter-ethnic policy.
6.Over the period from 2012 to the end of December 2015, the Russian Federation took wide-ranging steps to improve the work of State institutions to prevent and counter racial discrimination, ethnic strife and various forms of extremism, accompanied by a keen public discussion of the issue. Work was completed on the identification of priorities of the State nationalities policy, which was officially enshrined in the State ethnic policy and strategy of the Russian Federation for the period up to 2015, approved by Presidential Decree No. 1666 of 19 December 2012 and by regional policy documents on this issue.
7.The observance of human rights is continuously monitored by the Commissioner for Human Rights of the Russian Federation (hereinafter referred to as the Commissioner), together with regional human rights commissioners. The Commissioner’s duties include the tasks of restoring damaged human rights and freedoms; of improving the legislation on human and civil rights and freedoms and aligning it with the universally recognized principles and standards of international law; of developing international cooperation in the field of human rights; and of raising awareness of the law relating to human rights issues and the ways and means of protecting such rights. In December 2014, the Bureau of the International Coordinating Committee of National Human Rights Institutions of the United Nations Human Rights Council accorded the Commissioner accreditation status “A”, the highest such status, for the period from 2014 to 2019, thereby confirming that the Commissioner’s work was fully compliant with the Principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), adopted by the General Assembly by resolution 48/134 of 20 December 1993.
8.The programme of activities to combat racism and various forms of discrimination in sport, as part of the preparations for the 2017 World Cup 2018 in the Russian Federation, represents a good example of the legal awareness-raising work carried out by the Commissioner to uphold the right of Russian citizens to protection from racial discrimination.
9.The strategy for the 2018 World Cup in the Russian Federation and a special handbook for the prevention of discrimination in sport were presented at a workshop on combating racism and various forms of discrimination in present-day football, organized in the summer of 2015 by the Russian Football Union and the Ministry of Sport of the Russian Federation, in collaboration with the Office of the United Nations High Commissioner for Human Rights and with the participation of the Russian Minister of Sport, Vitaly Mutko.
10.As part of the programme of cooperation between the Office of the Commissioner and the Office of the United Nations High Commissioner for Human Rights, training seminars are being organized on the issue of combating discrimination in sport, to be held in the 11 regions of Russia hosting games of the 2018 World Cup.
11.Over the period 2012-2016, a vertically integrated system was devised for the management of the State national policy, taking due account of the federal structure of the Russian State. At the federal level, the system is overseen by the head of the Presidential Administration and the Deputy Prime Minister of the Russian Federation. The work performed in this area is coordinated and carried out by the Federal Agency for Nationalities established pursuant to Presidential Decree No. 168 of 31 March 2015 and includes a range of measures designed to strengthen the unity of the multi-ethnic population of the Russian Federation (the Russian nation), to ensure inter-ethnic harmony, the ethnic and cultural development of the peoples of the Russian Federation, protection of the rights of the ethnic minorities and indigenous peoples of the Russian Federation, and to prevent all forms of discrimination on the grounds of race, ethnic background, religion or language.
12.At federal and regional levels there are interdepartmental coordination mechanisms working in the area of inter-ethnic policy. Thus, there is a council on ethnic relations and an interdepartmental working group on ethnic relations, which report directly to the President of the Russian Federation. Corresponding subsidiary units have also been established in the Office of the President of the Russian Federation and the Office of the Government of the Russian Federation.
13.Following the reunification of the Republic of Crimea and the Russian Federation, a number of steps were taken to tackle the abundance of inter-ethnic and interfaith problems that had accumulated over the period during which the Republic of Crimea formed part of Ukraine. One of the first acts in this area was the adoption of Presidential Decree No. 268 of 21 April 2014, on measures to rehabilitate the Armenian, Bulgarian, Greek, Crimean Tatar and German communities and to provide State support for their revival and development. To ensure the accelerated development of the Crimean Federal Area, the Government of the Russian Federation, by its decision No. 790 of 11 August 2014, approved a comprehensive federal programme for the social and economic development of the Republic of Crimea and the city of Sevastopol over the period to 2020. This programme provides for the implementation of measures aimed at the ethnic, cultural and spiritual revival of the Armenian, Bulgarian, Greek, Crimean Tatar and German communities, with funding from the federal budget for the period 2015-2020 totalling 10.3 billion roubles.
14.The State nationalities policy is implemented at both the federal and the regional level. On 22 October 2013, Federal Act No. 284 was adopted, which defines the powers and responsibilities of the public authorities of the constituent entities, local authorities and officials in the area of inter-ethnic relations. The Act includes an expanded list of the duties of municipal officials in the implementation of the State nationalities policy and spells out the legal penalties for failure to perform these duties. Deputy heads of regions have been appointed in the constituent entities of the Russian Federation with responsibility for inter-ethnic relations. Close attention is paid to the training and further training of law enforcement officials.
15.At the end of 2015, the following bodies were in operation in all 83 constituent entities of the Russian Federation:
Separate departments or structural divisions of regional government bodies with competence for implementation of the State nationalities policy;
Standing working groups or interdepartmental coordinating bodies for promoting inter-ethnic harmony;
Expert advisory bodies on inter-ethnic and ethnic religious relations.
16.In order to implement the aforementioned strategy, a targeted programme has been prepared and approved to strengthen the unity of the Russian nation and the ethnic and cultural development of the peoples of the Russian Federation, for the period 2014-2020.
17.The provisions of the Convention are implemented in close cooperation between government bodies, voluntary associations and academic organizations. Over recent years, the number of registered non-profit organizations in the Russian Federation has increased significantly, and currently totals 225,489. The number of organizations whose activities are aimed at protecting national minorities has also grown. According to figures from the Ministry of Justice of the Russian Federation, as at 30 December 2015, 18 federal autonomous ethnic and cultural organizations, 1,177 regional and local autonomous ethnic and cultural organizations and 1,342 communities of indigenous minorities had been registered.
18.Cooperation with the largest religious groups, including Orthodox, Muslim, Jewish, Buddhist and other organizations, plays a major role in strengthening stability in society, preventing extremism and intolerance and protecting the country’s cultural heritage. According to the Ministry of Justice, as at 1 September 2015, 28,546 religious organizations had been registered in the Russian Federation, 3,922 more than on 31 December 2011. The themes of interfaith dialogue, interreligious peace and mutual tolerance, respect and understanding are regularly included in the agendas of various activities, including high-level events, and feature in public statements by the country’s leaders, politicians, and prominent scientific, cultural and religious figures. The Interfaith Council of Russia, jointly founded on 23 December 1998 by the Russian Orthodox Church, the Council of Muftis of Russia, the Central Spiritual Board of Muslims of Russia and the European Countries of the Commonwealth of Independent States, the Congress of Jewish Religious Organizations and Associations of Russia, and the Buddhist Traditional Sangha of Russia, has gained impressive standing among the country’s non-governmental organizations. The Council has actively participated in the public debate on draft legislation relating to interreligious peace and harmony, the right to freedom of religion, and the need to combat intolerance on religious grounds. In 2013, the Council became a partner of the Sochi 2014 Organizing Committee. In particular, the Board assisted in organizing prayer rooms for adherents of the various world religions in the Olympic villages of the Winter Olympic Games in Sochi in 2014.
19.In their public statements, the Head of State and the leaders of the country’s constituent entities, ministries and departments regularly emphasize that discrimination is unacceptable, condemn all violence and hate crimes on religious or ethnic grounds and highlight the need to raise awareness among young people in that regard. At the meeting of the President’s Council for Inter-Ethnic Relations on 2 July 2014, Vladimir Putin stressed that young people must understand the full significance of the nationalities policy, and of ethnic and cultural diversity. He pointed out that, with the necessary awareness and a sufficiently broad outlook on life, a properly informed person will be immune from the virus of nationalism and intolerance.
20.The measures taken to implement the provisions of the Convention are showing positive results by harmonizing inter-ethnic relations and combating the proliferation of ideas conducive to racial, ethnic or religious discord. Thus, the findings of a 2014 survey by the Russian Public Opinion Research Centre show that the number of Russians who consider themselves to be an integrated civil nation had doubled over the two years since 2012. A 2013 survey conducted by the Public Opinion Foundation in 2013 showed that more than half of those surveyed felt that good relations were forming between new arrivals from other regions of the Russian Federation and local residents in their areas. A comparable study carried out in 2014 by the Levada Centre in 134 localities of 46 regions of the country found that 71 per cent of the respondents did not perceive any ethnic tensions.
II.Measures to implement the articles of the International Convention on the Elimination of All Forms of Racial Discrimination
Article 1
21.The equality of all citizens, irrespective of sex, race, ethnic background, language, origin, wealth, official status, place of residence, attitude to religion, beliefs, membership of voluntary associations or any social groups, constitutes one of the basic principles of the Russian legal system underpinning the standard-setting and rule-making work of State authorities at all levels, and also their enforcement practices.
22.In line with article 1 of the Convention, the legislation of the Russian Federation includes provisions ensuring equality of the rights of citizens, irrespective of their social status, race, language, ethnic origin or religious affiliation. Article 19 of the Constitution safeguards the equality of human and civil rights and freedoms, regardless of race, nationality, language, origin, place of residence and attitude to religion, and prohibits any form of restriction of citizens’ rights on the grounds of social, racial, ethnic, linguistic or religious identity. In setting out the principle of equality, the Constitution of the Russian Federation does not limit itself to its acceptance in a technical sense (as equality in enjoyment of rights and freedoms), but also establishes the obligation of the State to guarantee rights and freedoms for all regardless of ethnic, cultural, social, political, religious, property-related and other circumstances. These rights and freedoms are applicable to all individuals under Russian jurisdiction, regardless of whether or not they hold citizenship of the Russian Federation.
23.The legislative statutes specifically designed to regulate matters covered by the Constitution include the Federal Act on the Principles of Legislation on Culture, the Federal Act on Ethnic and Cultural Autonomy, the Federal Act on Voluntary Associations, the Federal Act on Freedom of Conscience and Religious Associations, and the Federal Act on Guarantees of the Rights of the Indigenous Minorities of the Russian Federation, along with other instruments of social policy which ensure the preservation of the culture of ethnic minorities and safeguard their languages and media outlets.
24.Laws and regulations aimed at preventing and combating incitement to racial and religious hatred and suppressing extremist activities also play an important role. Several articles of the Criminal Code provide criminal liability for offences of an extremist nature (arts. 282-282.3). The indicia for more than 10 offences include the motive of political, ideological, racial, ethnic or religious hatred or enmity, or hatred or enmity towards any social group as a criterion significantly aggravating liability.
25.Anti-discriminatory measures are included in sectoral legislation governing the protection of human rights in the areas of education, labour, health care, the courts, social protection and culture.
26.During the reporting period, the following federal laws have been adopted:
•Federal Act No. 284, adopted on 22 October 2013, which amended certain legislative acts establishing the mandates and responsibilities in the area of inter-ethnic relations of the government bodies of the constituent entities of the Russian Federation, local self-government bodies and their officials;
•Federal Act No. 336, adopted on 4 November 2014, which amended articles 1 and 4 of the Federal Act on Ethnic and Cultural Autonomy (granting cultural and ethnic autonomy through exercise of the right to work for the social and cultural adaptation and integration of migrants, the strengthening of ethnic identity, the harmonization of inter-ethnic relations and the promotion of interfaith dialogue);
•Federal Act No. 256, adopted on 13 July 2015, which amended article 7 of the Federal Act on guarantees of the rights of the indigenous minorities of the Russian Federation (establishing councils of representatives of indigenous minorities under the authority of the chief officers of the municipalities);
•Federal Act No. 358, adopted on 28 November 2015, which amended certain legislative instruments of the Russian Federation following the adoption of the Federal Act on the Principles of Social Services in the Russian Federation, correcting the provisions relating to the scope of social services.
Article 2
27.Anti-discrimination provisions enshrined in the Constitution of the Russian Federation provide the policy framework in this area. Thus, article 19 of the Constitution establishes the principle of equality before the law and the courts. Under this article, the State guarantees equal human and civil rights and freedoms regardless of a person’s sex, race, ethnic background, language, origin, financial situation, official status, place of residence, attitude to religion, convictions, membership of voluntary associations or other circumstances. Any restriction of human rights on social, racial, ethnic, linguistic or religious grounds is prohibited. Provisions of a general nature that prohibit discrimination against persons on the grounds of their ethnic background are aligned with the human rights recognized in a particular area - the exercise of labour rights, the right to education, people’s right to use their native language, the right to enjoy the benefits of culture, and others. In this way, the principle of non-discrimination extends to all rights recognized in the Constitution and the legislation of Russian Federation.
28.Russian legislation is articulated along sectoral lines - the entire body of legal instruments is divided up by individual sectors, each of which includes a set of rules and tailored methods governing a specific area of kindred social matters. The anti-discrimination principles enshrined in the Constitution of the Russian Federation have been systematically incorporated in each branch of law and are reflected in the principles underpinning the different sectors.
29.Anti-discrimination provisions are included in statutes and regulations at different legal levels. They are reflected in:
•The federal constitutional acts on courts of general jurisdiction in the Russian Federation (art. 5), on referendums in the Russian Federation (art. 2), on the Government of the Russian Federation (art. 3), on the judicial system of the Russian Federation (art. 7), and others;
•Codified legislation: Tax Code (art. 3), Code of Administrative Court Procedure (art. 8), Housing Code (art. 1), Code of Civil Procedure (art. 6), Code of Arbitration Procedure (art. 7), Labour Code (art. 2), Code of Criminal Procedure (art. 11), Criminal Code (art. 4), Civil Code (art. 1), and others;
•The federal acts on education (art. 3), on free legal assistance (art. 5), on basic health care for citizens (art. 5), on physical culture and sport (art. 11), on basic guarantees of the rights of the child (art. 4), on freedom of conscience and religious associations (art. 3), on ethnic and cultural autonomy (art. 4), on trade unions, their rights and guarantees of their activities (art. 9), and on public-private and municipal-private partnerships, and the amendment of selected statutes of the Russian Federation (art. 4), and others.
30.In addition, the aforementioned standards are enshrined in the presidential decrees on the Federal Agency for Nationalities, on the strategy for a State nationalities policy for the period until 2025, and on measures to coordinate action by State bodies to combat manifestations of fascism and other forms of political extremism in the Russian Federation, and in decisions and orders of the Government of the Russian Federation, departmental statutes and other instruments.
31.Thus, the provisions of article 2 of the Convention are implemented in full under domestic legislation, and the above-mentioned set of laws and regulations together with the Constitution and the Criminal Code constitute comprehensive anti-discrimination legislation, which is constantly improved to take modern realities into account. The adoption of a separate anti-discrimination act does not comply with the sector-by-sector articulation of the Russian legal system. The adoption of a separate instrument would significantly narrow the scope of anti-discrimination regulations.
32.Recognizing the important role played by legal forms of protection against discrimination, the Russian Federation is considering, as a matter of priority for domestic policy, the creation and further modernization of a body of laws and regulations for the protection of the rights of ethnic minorities of the Russian Federation.
33.Efforts to improve legislation have been accompanied by political and practical measures, including budget financing programmes and individual activities.
34.In accordance with article 2 (1) (b)of the Convention, the Russian Constitution forbids activities by voluntary associations whose aims or effects are calculated to incite people to social, racial, ethnic or religious strife (art. 13 (13)). In accordance with article 9 of Federal Act No. 95 of 11 July 2001, on political parties, the establishment of political parties on the basis of ethnic and religious affiliation is prohibited.
35.A standing council for the development of civil society and human rights (hereinafter referred to as the Council) reports to the President and is responsible, among other matters, for considering the issue of combating all forms of racial discrimination and preparing proposals to improve measures in this area. Within the Council there is a permanent commission for the development of non-profit organizations. A working group comprising representatives of the Council and the Ministry of Justice has been set up to prepare a balanced approach to the amendment of legislation on non-profit organizations.
36.The various activities of voluntary associations in the Russian Federation are performed in compliance with the requirements of the law. Principal among these is Federal Act No. 7 of 12 January 1996, on non-profit organizations. The State exercises control (oversight) over the activities of non-profit organizations with a view to preventing, detecting and suppressing violations by such organizations of the laws and regulations of the Russian Federation.
37.Under current legislation, the Ministry of Justice of the Russian Federation is responsible for supervising voluntary associations. In accordance with government decision No. 489 of 30 June 2010, the schedule of inspections of non-profit organizations is posted on the official website of the Ministry of Justice and its local agencies.
38.In exercising Federal State control (oversight) over the activities of non-profit organizations, the Ministry of Justice and its local agencies focus on compliance with the limitations imposed by law, including for the purposes of countering racial discrimination, on certain categories of citizens and organizations, preventing them from founding non-profit organizations. Thus, under article 15 (1.2-1) of Act No. 7, on non-profit organizations, persons involved in extremism are barred from founding non-profit organizations. A list of persons in respect of whom there is evidence of involvement in extremist activities or terrorism is published on the official website of the Federal Financial Monitoring Service. In 2015, among the founders and heads of nine non-profit organizations, local agencies of the Ministry of Justice identified five individuals involved in extremism (six in 2012, 18 in 2013, 13 in 2014). Following the identification of evidence of extremism in two political parties, the Action Party (Partiya Dela) and the Republican Party of Russia - People’s Freedom Party, warnings were issued to their governing bodies under article 7 of Federal Act No. 114 of 25 July 2002, on countering extremist activities.
39.Under articles 17 (3), 55 (3) and 29 (2) of the Constitution of the Russian Federation, propaganda and agitation inflaming social, racial, national or religious hatred and enmity are prohibited.
40.As defined in Federal Act No. 114 on countering extremist activities, the notion of extremism includes incitement to social, racial, national or religious discord; the advocacy of exclusiveness or the superiority or inferiority of citizens on the grounds of their social, racial, ethnic, religious or linguistic identity or attitude to religion; and violation of the rights, freedoms and legitimate interests of persons and citizens on the basis of their social, racial, ethnic, religious or linguistic identity or attitude to religion.
41.The Ministry of Justice has responsibility for maintaining the federal list of extremist materials. To this end, a scientific advisory board has been set up within the ministry to screen information materials of a religious nature for evidence of extremism.
42.In addition, the Ministry of Justice maintains a list of voluntary associations, religious organizations and other non-profit organizations in respect of which the courts have adopted enforceable decisions on the suppression or prohibition of activities or whose activities have been suspended for the exercise of extremist activities.
43.The Russian Federation routinely supports non-profit community-based organizations in their work to tackle social problems and to build civil society, including by promoting inter-ethnic cooperation, protecting and conserving the identity, culture, languages and traditions of the peoples of the Russian Federation, and facilitating social and cultural adaptation and the integration of migrants by providing tax relief and allowances, together with grants and subsidies for their activities.
44.In compliance with article 2 (1) (e) of the Convention, the Russian Federation encourages, where appropriate, integrationist multi-ethnic organizations and movements and other means of eliminating barriers between ethnic groups. Such activities are conducted in the areas of ethnic and cultural development, youth policy, education and training, and the media, with the involvement of various ministries and departments, including the Federal Agency for Nationalities, the Ministry of Sport, the Federal Agency for Youth, the Ministry of Culture, the Ministry of Education and Science, the Ministry of Communications and Mass Media, along with other authorities.
45.Every year, festivals are conducted in a number of regions of the country with funding from the federal budget, with the participation of various segments of the population, and young people in particular, with the aim of lowering inter-ethnic barriers, overcoming xenophobia and preventing racial discrimination.
46.Thus, in 2015 the Federal Agency for Nationalities conducted the following events:
•Dialogue of Cultures, an ethnic and cultural youth camp, held at the Etnomir centre in Kaluga province for young professionals from 60 different regions around the country. The camp’s activities focused on four areas: ethnic awareness-raising; ethnic events; ethnic tourism; and ethnic merchandising;
•Russian Caucasus, an international forum of young political scientists, held in the Republic of Dagestan with the participation of more than 400 people. As part of the forum, the Kaspiy (“Caspian”) platform was set up, a school for the exchange of ideas and practical experience among leading experts, young researchers, students and postgraduate students in the maintenance of good inter-ethnic relations;
•Multi-ethnic Russia, a multimedia exhibition organized in Moscow in celebration of People’s Unity Day, which received more than 4,500 visitors;
•The Community Forum, held in Moscow, to debate the nationalities policy. The forum was attended by more than 300 regional representatives, involved in projects in the area of inter-ethnic relations, along with experts in the fields of culture, education, political science and journalism;
•Pages of Russia, a project organized in cooperation with the Eksmo publishing house and the A.P. Gaidar Central Children’s Library. As part of the project, more than 100 free e-books were uploaded on to the MyBook site, reflecting the ethnic and cultural diversity of the Russian Federation;
•Our Multi-Ethnic Country, a retreat held on 16 November 2015 in the Artek children’s camp;
•Classes in tolerance, held over the period 16-23 November 2015 in schools throughout the country, as part of the celebration of the International Day for Tolerance. Through a cooperative venture between the Federal Agency for Nationalities, the Jewish Museum and the Centre for Tolerance in Moscow, guidelines have been developed for the teaching of tolerance in junior, middle and high schools.
47.Many youth activities are carried out with the support of the Federal Agency for Youth.
48.The Terra Scientia International Youth Forum, held on the Klyazma river, was attended by some 6,000 young people from more than 30 countries and 83 constituent entities of the Russian Federation.
49.The Tavrida International Youth Forum, held on the Bakal Spit of the Crimean peninsula, brought together young people from more than 30 countries and all the constituent entities of the Russian Federation.
50.The Russian Youth Education Forum, held in Kaliningrad province, was attended by 600 young people from 32 countries and many of the constituent entities of the Russian Federation.
51.The Mashuk-2015 Youth Forum, held in July and August 2015, brought together more than 2,000 people, including representatives of the peoples of the North Caucasus region.
52.The Russian North Youth Forum was organized in November 2015, as part of the road map for the sustainable development of the indigenous minorities of the North, Siberia and the Far East of the Russian Federation, in cooperation with the Federal Agency for Nationalities, the Federal Agency for Youth and the Association of the Indigenous Minorities of the North, Siberia and the Far East of the Russian Federation. The Forum was attended by youth representatives of indigenous minorities from 28 constituent entities of the Russian Federation, and also by 50 youth leaders from across the Russian Federation concerned with the study, development and preservation of the social and economic potential, traditional lifestyle and cultural values of the indigenous minorities of the North, of Siberia and of the Russian Far East.
53.Work is under way to prevent extremism among young people on ethnic grounds and to promote inter-ethnic and inter-confessional dialogue, mutual respect and understanding among young people. To that end, gatherings are being organized of young people of different races, ethnic groups and religions.
54.The prohibition of racial discrimination and various forms of intolerance in sport is enshrined in such statutory instruments as Federal Act No. 329 of 4 December 2007, on physical culture and sport in the Russian Federation, government decision No. 1156 of 16 December 2013, approving rules of conduct for spectators at official sports events and order No. 702 of the Ministry of Sport of 2 September 2013, approving the procedure for the recognition of different sports and sporting disciplines and their incorporation in a national register of sports and the procedure for the maintenance of the register. Liability for the manifestation of racial discrimination is codified in various instruments of the national sports federations (statutes, regulations, disciplinary codes). With a view to combating racism, consideration is being given to the creation of a system of inspectors under the Russian Football Union.
55.The Ministry of Sport is actively involved in the drafting of the new version of the International Charter of Physical Education, Physical Activity and Sport, adopted in Paris on 21 November 1978, at the twentieth session of the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO), with reference in particular to the provisions on countering racism and discrimination, and in the work by the Council of Europe to prepare a new version of the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches, signed in Strasbourg on 19 August 1985, which, among other provisions, sets out a number of measures to combat manifestations of racism and discrimination. The signing of the new version of the Convention is planned for the first half of 2016.
56.The Institute of Autonomous Ethnic and Cultural Organizations plays a key role in ensuring the proper development and protection of the various ethnic groups in line with the implementation of article 2 (2) of the Convention. The basic law governing the operation of non-profit organizations has been in effect in the Russian Federation since 1996. On 4 November 2014 the law was amended to cover the social and cultural inclusion and integration of migrants, and the provision to non-profit organizations of appropriate government support.
57.The low number of complaints about discrimination filed with the Human Rights Commissioner in the Russian Federation confirms the effectiveness of the measures taken to implement the requirements of the Convention: of the total of 97,623 complaints received between 1 January 2012 and 12 August 2015, 185 — or less than 0.2 per cent — concerned discrimination.
Article 4
58.In the Russian Federation all propaganda based on ideas or theories of the superiority of one race or group of people of a certain colour or ethnic origin, and all organizations that attempt to justify or encourage racial hatred and discrimination in any form, are proscribed.
59.As defined in Federal Act No. 114 of 25 July 2002, on countering extremist activities, extremist activity is understood to mean incitement to social, racial, national or religious discord; the advocacy of exclusiveness or the superiority or inferiority of persons on the grounds of their social, racial, ethnic, religious or linguistic identity or attitude to religion; and violation of the rights, freedoms and legitimate interests of persons and citizens on the basis of their social, racial, ethnic, religious or linguistic identity or attitude to religion; the promotion and public display of Nazi paraphernalia or symbols, or materials that may be mistaken for Nazi paraphernalia or symbols, or the public display of paraphernalia or symbols of extremist organizations; public incitement to extremist acts or mass distribution of materials known to be extremist, or the preparation or storage of such materials for the purpose of mass dissemination; the organization or preparation of, and incitement to, such acts, and also their financing.
60.The country’s top officials regularly make public statements about the challenges and threats resulting from intolerance and extremism, and give special attention to the issue of countering the spread of racism, nationalism, xenophobia and neo-Nazism, including enforcement practices in this area.
61.The Criminal Code of the Russian Federation includes a number of articles providing liability for extremist offences, in particular for public incitements to acts of extremism (art. 280), the inflammation of hatred or enmity or affronts to human dignity (art. 282), the organization of an extremist association (art. 282.1), organization of the activities of an extremist organization (art. 282.2), inducing recruitment or other involvement of a person in an extremist association (arts. 282.1 (1) and 282.2 (1.1)), including through abuse of official position, the financing of extremist activities (art. 282.3), and violation of the equality of human and civil rights and freedoms (art. 136). The commission of any offence for reasons of political, ideological, racial, ethnic or religious hatred or enmity is deemed to be an aggravating circumstance and entails a stiffened criminal liability.
62.Within the Russian Federation the dissemination of extremist materials, including the writings of the leaders of the National Socialist German Workers’ Party and the Fascist Party of Italy, publications supporting or justifying national or racial superiority or justifying the perpetration of war crimes or other offences aimed at the total or partial destruction of any ethnic, social, racial, national or religious group, and also their production or storage for the purposes of dissemination, are prohibited.
63.Information materials are recognized as extremist by federal courts with jurisdiction for the locality where they are detected or disseminated, or where the organization that produced the materials is located, on an application by the procurator or in the course of proceedings involving an associated administrative offence, or other civil, administrative or criminal proceedings. As at 1 January 2016, 3,258 items had been included in the federal list of extremist materials.
64.Russian legislation includes Federal Act No. 80 of 19 May 1995, on the commemoration of the victory of the Soviet people in the Great Patriotic War of 1941-1945, which states that the unremitting struggle against manifestations of fascism represents the most important facet of the Russian State policy to commemorate the victory of the Soviet people in the Great Patriotic War. Act No. 574 of 4 November 2014, amending article 6 of the Federal Act on the commemoration of the victory of the Soviet people in the Great Patriotic War of 1941-1945, prohibits the use in any form of Nazi symbols, the promotion or public display of the paraphernalia or symbols of organizations that cooperated with groups, organizations, movements or individuals recognized as criminal in nature or found guilty of crimes under judgments of the International Military Tribunal for the prosecution and punishment of the major war criminals of the European Axis (Nuremberg Tribunal) or the judgments of national, military or occupation tribunals that were based on the judgment of the Nuremberg Tribunal or were rendered during the Great Patriotic War or the Second World War, and organizations (including foreign or international organizations) that deny the facts and conclusions established on the basis of the aforementioned judgments. Administrative liability has also been established for the promotion or public display, manufacture, marketing for the purposes of propaganda or acquisition for the purposes of sale or propaganda of the paraphernalia or symbols of such organizations (Code of Administrative Offences, art. 20.3).
65.Federal Act No. 128 of 5 May 2014 has been supplemented with a new article 35-41 on the rehabilitation of Nazism, in line with the provisions of the Convention on the need to counter the promotion of ideas or theories of the superiority of one race or group of persons of a certain colour or ethnic origin, or to counter theories seeking to justify or promote racial hatred and discrimination. Liability is stipulated for the public denial of the facts established by the judgment of the Nuremberg Tribunal, for public approval of the offences established by that judgment and for the public dissemination of deliberately false statements concerning the actions of the USSR during the Second World War. Criminal liability is also incurred by the same acts committed by individuals in abuse of their official position, by use of the media or by fabricating evidence of guilt.
66.Most of the criminal proceedings in 2014 that involved extremism — 591 in all (492 in 2013) — were instituted under article 282 of the Criminal Code, on the inflammation of hatred or enmity or affronts to human dignity, including those which involved the posting of materials — audio, video, graphics and text — of an extremist nature on the Internet - 428 in all (282 in 2013). In 2014, 181 criminal proceedings were instituted under article 280 of the Criminal Code, on suspicion of public incitement to acts of extremism (143 in 2013). In 2014, convictions for offences involving extremism were handed down by the courts of the Russian Federation against 508 persons (449 persons in 2013), 44 of whom had committed the offences when under the age of 18 (41 in 2013).
67.Work is continuing to curb the activities of extremist organizations. Thus, in February 2015 two members of the neo-Nazi group Piranya-74 were convicted by the Ordzhonikidze district court in the city of Magnitogorsk in Chelyabinsk province. In April 2015, a guilty verdict was handed down on members of the Militant Organization of Russian Nationalists (BORN), an ultra-nationalist organization established in 2008 and responsible for killings motivated by ideological and national hatred and for attacks on law enforcement officials. In particular, the leader of the organization, Nikita Tikhonov, and faction leaders Maksim Baklagin, Vyacheslav Isaev and Mikhail Volkov, were convicted.
68.Since 2012, there has been a growing trend to use the Internet to disseminate ideas of national, religious and racial superiority (in particular, by uploading video clips and other materials of an extremist nature). Efforts to counter the spread of radical ideas among young people remain vital.
69.Steps are being taken to curb the mass mailing by e-mail of reports describing armed actions carried out by members of illegal armed groups, and of agitational video clips propagating extremist ideas, including so-called “pure Islam” and the superiority of one nation over another.
70.To combat the dissemination of radical ideas over the Internet, the procuratorial authorities of constituent entities of the Russian Federation are constantly monitoring the media and the web on the look-out for any postings of an extremist nature. In 2014, procurators carried out 8,114 inspections of publications in the media and on the Internet (2,270 in 2013) and identified 10,169 breaches of the law (954 in 2013). Procuratorial action was taken in 5,213 cases (509 in 2013).
71.On 1 February 2014, amendments to Federal Act No. 149 of 27 July 2006, on information, information technology and data protection, entered into force, introducing regulations on joint efforts by the Federal Oversight Service for Communications, Information Technology and Mass Media and the Office of the Procurator-General of the Russian Federation to limit access to information resources, including the Internet, where they are found to contain incitements to mass riots, extremist activities, or participation in mass (public) activities in breach of the established procedure.
72.In 2014, the procuratorial authorities issued more than 100 warrants blocking 900 information sources.
Article 5
73.In its article 19, the Constitution of the Russian Federation establishes the principle of equality before the law and the courts. Pursuant to that article, the State guarantees equal human and civil rights and freedoms regardless of a person’s sex, race, ethnic background, language, origin, financial situation, official status, place of residence, attitude to religion, convictions, membership of voluntary associations or other circumstances, and also proscribes any restriction of civil rights on social, racial, ethnic, linguistic or religious grounds.
74.Similar provisions are set out in article 7 (2) of Federal Act No. 1 of 31 December 1996, on the court system of the Russian Federation, pursuant to which the courts may not give preference to any bodies or parties to proceedings on the grounds of their national or social status, sex, race, ethnic background, language or political affiliation, origin, material or official status, place of residence, place of birth, attitude to religion, beliefs, membership of voluntary associations or other circumstances prescribed by law.
75.Pursuant to article 5 (b) of the Convention, the Russian Federation guarantees, without distinction as to race or national or ethnic origin, security of person and protection against violence or bodily harm inflicted by any persons, including government officials. Article 21 of the Constitution provides that human dignity is protected by the State, that there can be no justification for encroachments upon it, that no one may be subjected to torture, violence or other cruel or degrading treatment or punishment and that no one may be subjected to medical, scientific or other experiments without their freely given consent.
76.The relevant rules set out in Federal Constitutional Act No. 3 of 7 February 2011, on the police, stipulate that police officers shall not use torture, violence or other cruel or degrading treatment. Police officers are obliged to prevent actions that intentionally inflict pain or physical or mental suffering on citizens.
77.By its article 13, Federal Act No. 1 of 8 January 1997 setting out the Criminal Code of the Russian Federation stipulates the right of convicted persons to security of the person. The Act prescribes that, if their personal security is threatened, prisoners may request any official of the penal establishment to ensure that security. The same right is accorded to suspects and accused persons remanded in custody. An analogous provision is set out in article 19 of Federal Law No. 103 of 15 July 1995, on the remand in custody of suspects and accused persons.
78.In conformity with article 5 (c) of the Convention, article 32 of the Constitution establishes the right of citizens of the Russian Federation to take part in the conduct of public affairs both directly and through their representatives, to vote and to stand for election to federal and local government bodies and to participate in referendums. Under the provisions of article 4 (4) of Federal Act No. 67 of 12 June 2007, on the fundamental guarantees of electoral rights and the right of citizens to participate in referendums, citizens of the Russian Federation enjoy the right to vote, to stand for election and to participate in referendums, irrespective of sex, race, ethnic background, language or place of residence.
79.In accordance with article 28 of Federal Act No. 138 of 26 November 1996, on upholding the constitutional rights of citizens of the Russian Federation to vote and stand for election to local government bodies, agitation and propaganda fomenting racial, ethnic, religious or social division or hostility, and the publication and dissemination of communications and materials that inflame social, racial, national or religious hatred are forbidden.
80.Article 27 of the Constitution enshrines the inalienable right both of Russian nationals and of any other persons lawfully present in the territory of the Russian Federation freely to choose their place of residence and abode, and also the right of citizens to travel freely outside the State and to return to it without impediment. This requirement of the Constitution is legally codified in Act No. 5242-1 of 25 June 1993, on the right of citizens of the Russian Federation to freedom of movement and to choice of their place of abode and residence within the boundaries of the Russian Federation. This right may not be restricted without justification.
81.By its article 6, the Constitution stipulates that citizenship of the Russian Federation is acquired and revoked in accordance with federal law; it is the same and equal for all, irrespective of the grounds for acquisition. The same article establishes absolute protection of this right by stipulating that citizens of the Russian Federation may not be stripped of their citizenship or denied the right to change it at will. In accordance with article 4 of Federal Act No. 62 of 31 May 2002, on citizenship of the Russian Federation, the principles and regulations governing the acquisition of citizenship may not contain provisions that restrict the rights of citizens on social, racial, ethnic, linguistic or religious grounds.
82.The legislation of the Russian Federation establishes the primacy of human and civil rights and freedoms. This principle is unswervingly reflected both in the text of the Constitution of the Russian Federation (art. 17) and in other statutory instruments. By its article 19, the Constitution establishes equality of rights between men and women and determines that they shall have equal opportunities to exercise those rights.
83.Matters relating to marriage and family relations are regulated by the Family Code of the Russian Federation. In compliance with article 5 ((d) (iv)) of the Convention, article 1 of the Family Code establishes that the regulation of family relations is carried out in accordance with the principles of the voluntary nature of the marital union of a man and a woman, and the equal rights of spouses in the family, and also prohibits any form of restriction of the rights of citizens entering into marriage or in family relations on the grounds of their social, racial, ethnic, linguistic or religious identity.
84.The provisions of article 5 (d) (v) and (vi) of the Convention are reflected in article 8 of the Constitution, which affirms that the Russian Federation accords equal recognition and protection to private, State, municipal and other forms of property. Article 35 enshrines the right of all to own property and to possess, use and dispose of it both individually and jointly with others and guarantees the right of inheritance. The Civil Code of the Russian Federation sets out a wide range of modalities for the protection of property rights, based on the principle of non-discrimination in respect of the owner of such property.
85.In keeping with article 5 (d) (vii) and (viii) of the Convention, article 28 of the Constitution specifies that everyone is guaranteed freedom of conscience and religion, including the right to practise any religion individually or with others or not to profess any faith, freely to choose, hold and disseminate religious and other beliefs and to act in conformity with them. The enjoyment of these rights carries with it special duties and responsibilities and may therefore be subject to restrictions prescribed by law. Article 29 of the Constitution prohibits propaganda and agitation designed to inflame social, racial, ethnic or religious hatred and enmity. The advocacy of social, racial, ethnic, religious or linguistic superiority is likewise forbidden.
86.Matters relating to the religious convictions of citizens are regulated by Act No. 125 of 26 September 1997, on freedom of conscience and religious associations, which reaffirms the right of all to freedom of conscience and religious belief, and also to equality before the law regardless of their convictions or attitude to religion. According to article 3 of the Act, the right to profess any religion or to profess none is enjoyed not only by citizens of the Russian Federation, but also by foreign nationals and stateless persons. Obstructing exercise of the right to freedom of conscience and freedom of belief is prohibited and punishable under federal law. Both administrative liability (Code of Administrative Offences, art. 5.26, on violation of the law on freedom of conscience, freedom of belief and religious associations) and criminal liability (Criminal Code, art. 148, on violation of the right to freedom of conscience and religious belief) are incurred by contravention of this right.
87.Article 59 of the Constitution and Federal Act No. 113 of 25 July 2002, on alternative civilian service, provide for the possibility of commutation of military service to an alternative form of service for Russian nationals if it runs counter to their convictions or religion.
88.Article 31 of the Constitution establishes the right of citizens of the Russian Federation to hold meetings, rallies and demonstrations, and to organize marches and pickets. As part of the system for countering extremism, including on the grounds of racial and ethnic intolerance, conditions have been introduced for restricting this right, consisting in the obligation placed on citizens to assemble peacefully and without arms. By its article 3, Federal Act No. 54 of 19 June 2004, on meetings, rallies, demonstrations, marches and pickets, establishes the basic principles for the conduct of a public event, which include the principle of legality and the voluntary participation of citizens, starting from the age of 16. Article 19 recognizes the right of appeal against decisions and actions (omissions) that breach the right of citizens to hold a public event. Article 149 of the Criminal Code makes it an offence illegally to obstruct the conduct of or participation in a meeting, political rally, demonstration, march or picket, or to coerce people into participation, where such obstruction or coercion is effected by officials in abuse of their official position or by the threat or use of force.
89.By its article 31, the Constitution stipulates the right of citizens to form unions (associations). The exercise of this right is regulated by the Civil Code of the Russian Federation, Federal Act No. 82 of 19 May 1995 on public associations, Federal Act No. 7 of 12 January 1996 on non-profit organizations, Federal Act No. 10 of 12 January 1996, on trade unions, their rights and guarantees of their activities, Federal Act No. 3085-1 of 19 June 1992, on consumer cooperation (consumer societies and unions) in the Russian Federation, Federal Act No. 95 of 11 July 2001, on political parties, and Federal Act of 17 June 1996, on ethnic and cultural autonomy.
90.The provisions of article 5 (e) (i) of the Convention are reflected in article 37 of the Constitution of the Russian Federation, which enshrines the principle of freedom of employment. Under the Constitution, all persons have the right to make free use of their ability to work and to choose their type of activity and profession, and forced labour is totally forbidden. The Constitution establishes that everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for their labour without discrimination and in an amount not less than the minimum wage established by federal law, and also the right to protection against unemployment. These principles are fully elaborated in the corpus of sectoral statutes and regulations, which are underpinned by the Labour Code of the Russian Federation, article 2 of which guarantees equal opportunities for employees, without any discrimination, to be promoted on the basis of their productivity, qualifications and years of professional experience, and also to receive training and additional vocational instruction, and articles 22 and 132, which prohibit any discrimination in remuneration. The constitutional guarantees relating to employment and protection against unemployment are reaffirmed by Federal Act No. 1032-1 of 19 April 1991, on employment in the Russian Federation. The fundamental principles of the State employment policy are set out in article 5 of the Act. The principal aim of this policy is to ensure the equal opportunities of all citizens of the Russian Federation, without distinction as to nationality, sex, age, social status, political convictions and attitude to religion, to exercise their right to work or not to work as they will and freely to choose their occupation.
91.In accordance with article 5 (e) (ii) of the Convention, the law of the Russian Federation establishes the right of citizens to form trade unions and freely to participate in them. These provisions are set out in detail in Federal Act No. 10 of 12 January 1996, on trade unions, their rights and guarantees of their activities.
92.The provisions of article 5 (e) (iii) of the Convention are reflected in article 40 of the Constitution, which enshrines right of all to housing. The Housing Code of the Russian Federation sets out a comprehensive system for the regulation of housing issues in the Russian Federation.
93.The Russian Federation ensures that all citizens enjoy health care, regardless of sex, race, age, ethnic background, language, presence of illness, health status, origin, material or official status, place of residence, attitude to religion, convictions, membership of voluntary associations or other circumstances and guarantees protection from all forms of discrimination occasioned by any illness. Article 41 of the Constitution stipulates that medical care in State and municipal health establishments is provided to any person under the jurisdiction of the Russian Federation, free of charge.
94.In order to ensure that medical care is available to the entire population of the Russian Federation, concerted efforts are being made to introduce mobile medical services, using all modes of transport (road, rail, water and air), in the constituent entities where the indigenous minorities of the North, Siberia and the Far East of the Russian Federation have their traditional habitats and exercise their traditional livelihoods. In 2014 more than 550,000 calls to mobile medical teams and units were logged. In 2014, medical organizations in those regions operated more than 328 mobile medical facilities, including 26 health centres, 8 outpatient clinics, 10 medical and obstetric units, 63 adult and child health surveillance centres, 208 lung-screening units and 13 mammography units. Public-private partnerships have been set up with the Russian Railways and diagnostic and treatment centres are in operation in the railways and water transport systems.
95.Article 39 of the Constitution guarantees the provision of social welfare in accordance with age, in the event of illness, disability, loss of breadwinner and for the raising of children. Federal Act No. 195 of 10 December 1995, on the fundamentals of social services in the Russian Federation establishes equal and free access by citizens to social services, irrespective of their sex, race, age, ethnic background, language, origin, place of residence, attitude to religion, beliefs or membership of voluntary associations. Foreign nationals permanently residing in the Russian Federation have the same right to social services as Russian citizens, unless provided otherwise by an international agreement to which the Russian Federation is a party.
96.The provisions of article 5 (e) (v) of the Convention are reflected in article 43 of the Constitution, which enshrines the right to education. Under that article, pre-school, basic general education and secondary vocational training in public and municipal educational establishments and at enterprises are accessible to all and free of charge. In addition, everyone has the right to compete for free higher education at State or municipal educational institutions and at enterprises. Article 5 of Federal Act No. 273 of 29 December 2012, on education in the Russian Federation stipulates that education must be provided regardless of sex, race, ethnic origin, language, descent, property, social status, official position, place of residence, attitude to religion, convictions, and membership of voluntary associations. Article 14 guarantees access to education in the official language of the Russian Federation, and also the choice of language of instruction and education, to the extent possible within the capabilities of the education system. In State and municipal educational establishments located in the republics of the Russian Federation, instruction and learning may be conducted in the official languages of those republics. In addition, at the request of parents, instruction may be provided in the native languages of the ethnic groups of the Russian Federation. Currently, the languages of 34 different ethnic groups are official languages in the republics of the Russian Federation and may be used in those constituent entities on a par with the Russian language. In all, 73 different languages besides Russian are taught as separate subjects in 9,659 educational establishments and the languages of 27 different ethnic groups of the Russian Federation are used as the full-time medium of instruction in 4,196 educational establishments.
97.Pursuant to the international agreements to which the Russian Federation is a party, the State helps representatives of the ethnic groups of the Russian Federation living abroad to obtain basic general instruction in their native language.
98.Effect is given to the provisions of article 5 (e) (vi) of the Convention through exercise of the constitutional right to participate in cultural activities, to make use of cultural institutions and to have access to cultural assets (Constitution, art. 44). This right is upheld through a number of statutory instruments, including Act No. 3612-1 of 9 October 1992, on the foundations of Russian legislation on culture (section II, on human rights and freedoms in the domain of culture, and section III, on the rights and freedoms of peoples and other ethnic communities in the domain of culture), Federal Act No. 82 of 30 April 2015, on guarantees of the rights of the indigenous minorities of the North, Siberia and the Russian Far East (art. 10, on the preservation and development of distinctive ethnic cultures), and Federal Act No. 1807-1 of 25 October 1991, on the languages of the peoples of the Russian Federation (art. 2, which guarantees the right of all to use their mother tongue, freely to choose their language of communication, upbringing, education and creative expression regardless of their origin, social and property status, racial and national affiliation, sex, education, attitude to religion or place of residence), Federal Act No. 74 of 17 June 1996, on ethnic and cultural autonomy (right to form ethnic and cultural autonomous media outlets; to receive and disseminate information in the ethnic (native) language; to preserve and enrich the historical and cultural heritage, and to have unimpeded access to national cultural assets; to follow national traditions and customs, and to revive and develop artistic trades and handicrafts; to establish private educational establishments, scientific organizations and cultural institutions and to maintain these in accordance with the law of the Russian Federation).
99.Compliance with article 5 (f) of the Convention is ensured by the corpus of laws of the Russian Federation adopted on the basis and in pursuance of the Constitution of the Russian Federation, which prohibit discrimination in any form against any group, including in respect of access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafés, theatres and parks.
Article 6
100.The Russian Federation assures to all persons within its jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate their human rights and fundamental freedoms contrary to the Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
101.All the judicial bodies, which in their totality constitute the judicial system of the Russian Federation, are guided in their work by the corpus of laws and regulations which make up the legal system of the Russian Federation, of which the Convention forms an integral part.
102.The need to counter manifestations of racism, intolerance and hatred is reaffirmed in ruling No. 11 of 28 June 2011, handed down by the Plenum of the Supreme Court of the Russian Federation, on the practice of the courts in criminal cases concerning offences of an extremist nature. The ruling notes, in particular, that, while proclaiming the right of everyone to freedom of expression, international legal standards of human rights also stipulate that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence; any dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, and all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance for racist activities, including the financing thereof; and any discrimination based on religion or belief must be prohibited by law.
103.In their practice, the courts of the Russian Federation unfailingly abide by the principle of strict protection of the rights and legitimate interests of persons under the jurisdiction of the Russian Federation, without distinction as to race, colour, descent, or national or ethnic origin.
104.The courts of the Russian Federation routinely hear criminal, civil and administrative cases involving racial discrimination. Over the reporting period, acts falling under the following clauses of the Criminal Code were considered by the courts:
•Article 105 (2), on murder committed for reasons of political, ideological, racial, ethnic or religious hatred or enmity, or for reasons of hatred or enmity directed against any specific social group;
•Article 111 (2), on intentional infliction of grievous bodily harm, which is hazardous for human life or which has involved the loss of sight, speech, hearing, or any organ or the loss of the organ’s functions, the loss of pregnancy, mental derangement, pathologies due to substance abuse or drug addiction, or which has manifested itself in irreparable facial disfigurement, or which has resulted in considerable permanent loss of not less than one third of a person’s general capacity for work or, in the perpetrator’s full knowledge, the full loss of an occupational capacity, for reasons of political, ideological, racial, ethnic or religious hatred or enmity, or for reasons of hatred or enmity directed against any specific social group;
•Article 112 (2) (f), on intentional infliction of moderate bodily harm, which is not hazardous for human life and has not caused the effects specified in article 111 of the Criminal Code, but which has resulted in a protracted health disorder or significant permanent loss of less than one third of general working capacity, for reasons of political, ideological, racial, ethnic or religious hatred or enmity, or for reasons of hatred or enmity directed against any specific social group;
•Article 115 (2) (b), on intentional infliction of minor bodily harm, which has resulted in a temporary health disorder or insignificant permanent loss of general working capacity, for reasons of political, ideological, racial, ethnic or religious hatred or enmity, or for reasons of hatred or enmity directed against any specific social group;
•Article 116, on battery or other violent acts causing physical pain but not resulting in the consequences set out in article 115 of the Criminal Code, for reasons of political, ideological, racial, ethnic or religious hatred or enmity, or for reasons of hatred or enmity directed against any specific social group;
•Article 117 (2) (h), on the infliction of physical or mental suffering through systematic acts of battery or other violent acts without resulting in the consequences set out in articles 111 and 112 of the Criminal Code, for reasons of political, ideological, racial, ethnic or religious hatred or enmity, or for reasons of hatred or enmity directed against any specific social group;
•Article 119 (2), on the threat of murder or infliction of grievous bodily harm, if there is cause to believe that this threat will be carried out, for reasons of political, ideological, racial, ethnic or religious hatred or enmity, or for reasons of hatred or enmity directed against any specific social group;
•Article 136, on discrimination, namely, violation of the rights, freedoms and legitimate interests of persons and citizens based on their gender, race, nationality, language, origin, property or official status, place or residence, attitude to religion, convictions, or membership of voluntary associations or any social groups, committed by a person in abuse of official position;
•Article 150 (4), on involvement of a minor in the commission of an offence by means of promises, deceit, threats, or in any other way, by a person who has reached 18 years of age; involvement of a minor in a criminal group or in the commission of grave or especially grave offences, and also in the commission of an offence for reasons of political, ideological, racial, ethnic or religious hatred or enmity, or for reasons of hatred or enmity directed against any specific social group;
•Article 213 (1) (b), on criminal mischief, that is, a gross violation of public order manifested in patent contempt of society, committed for reasons of political, ideological, racial, ethnic or religious hatred or enmity, or for reasons of hatred or enmity directed against any specific social group;
•Article 214 (2), on vandalism, that is, the defacement of buildings and other structures, the infliction of damage to property on public transport or in other public places for reasons of political, ideological, racial, ethnic or religious hatred or enmity, or for reasons of hatred or enmity directed against any specific social group;
•Article 244, on the desecration of the bodies of the dead or the destruction, damaging or defilement of burial sites, gravestones or cemetery buildings, erected for ceremonies in connection with the burial of the deceased or their commemoration, for reasons of political, ideological, racial, ethnic or religious hatred or enmity or for reasons of hatred or enmity directed against any specific social group, and also on such acts carried out on sculptures and architectural structures erected to commemorate the struggle against fascism or victims of fascism, or on the burial sites of those who took part in the fight against fascism;
•Article 280, on public incitements to acts of extremism;
•Article 282, on actions intended to inflame hatred or enmity, and also to cause affront to the dignity of individuals or groups of persons on the grounds of sex, race, ethnic background, language, origin, attitude to religion, and membership of any social group, if these actions are performed in public or with the use of mass media or information and telecommunications networks, including the Internet;
•Article 282.1, on the creation of extremist communities, that is, of organized groups of persons for the preparation or commission of offences of an extremist nature, and also the leadership of such extremist communities, or of their parts or subsidiary units, and the formation of associations of the organizers, leaders or other representatives of the parts or subsidiary units of such communities for the purposes of elaborating plans or determining the conditions for the perpetration of offences of an extremist nature;
•Article 282.2, on actions designed to inflame hatred or enmity, and also to cause affront to the dignity of individuals or groups of persons on the grounds of sex, race, ethnic background, language, origin, attitude to religion, and membership of any social group, if these actions are performed in public or with the use of mass media or information and telecommunications networks, including the Internet;
•Article 357, on actions aimed at the complete or partial extermination of a national, ethnic, racial or religious group as such by killing its members, inflicting grievous bodily harm upon them, forcibly preventing their childbirth, forcibly transferring their children, forcibly resettling them, or by any other means of creating living conditions designed to bring about the physical destruction of the members of this group.
105.In 2013 and 2014, Russian courts at different levels handed down convictions on a total of 530 persons. Under the different counts, the following numbers of convictions were handed down over this period:
•On the count of racial discrimination, for offences falling under article 280, 32 persons were convicted in 2013 and 31 persons in 2014; for offences under article 282, 143 persons were convicted in 2013 and 196 in 2014; for offences under article 282.1, four persons were convicted in 2013 and four in 2014; for offences under article 282.2, 13 persons were convicted in 2013 and 13 in 2014;
•For offences under article 213 (1) (b), guilty verdicts were handed down by the courts on five persons in 2013 and three in 2014;
•For murder on the grounds of racial hatred or enmity, under article 105 (2) (k), 13 persons were convicted in 2013 and 15 in 2014;
•For offences under article 111 (2) (f), three persons were convicted in 2013 and three in 2014;
•For offences under article 112 (2) (f), guilty verdicts were handed down on three persons in 2013 and one person in 2014;
•For offences under article 115 (2) (b), guilty verdicts were handed down by the courts on 10 persons in 2013 and four in 2014;
•For offences under article 116 (2) (b), guilty verdicts were handed down on 15 persons in 2013 and 15 in 2014;
•For offences under article 119 (2), guilty verdicts were handed down on two persons in 2013 and 11 in 2014;
•For offences under article 150 (4), two persons received custodial sentences in 2014, while no indictments were brought under this article in 2014;
•For offences under article 214 (2), one person was convicted in 2013 and one in 2014;
•For offences under article 244 (2) (b), seven persons were convicted in 2013 and one in 2014.
106.In civil proceedings, the courts routinely hear cases involving racial discrimination. In 2014, 17 cases of this nature came before the courts. In 15 of them, the claims of discrimination were fully satisfied. In addition, the judgments explicitly reaffirmed that racial discrimination would not be tolerated.
Article 7
107.The Russian Federation routinely carries out educational, awareness-raising, cultural, information and other measures designed to counter prejudices conducive to racial discrimination and to promote understanding, tolerance and friendship among nations and racial or ethnic groups, and also to propagate the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination and the International Convention on the Elimination of All Forms of Racial Discrimination.
108.The Ministry of Education and Science attaches great importance to countering racial prejudices. A range of courses have been devised to familiarize schoolchildren and students with the culture of other peoples and to nurture in them a spirit of friendship and respect for other cultures and religions. Thus, by government order No. 84-P of 28 January 2012, a plan of action was approved for the conduct in the 2012/13 academic year of a course on the foundations of religious cultures and secular ethics in the general education establishments of all constituent entities of the Russian Federation.In the 2012/2013 academic year, 1.35 million schoolchildren took this course. In addition, the optional subjects of Foundation in Secular Ethics was taken by 44.2 per cent of students, Foundations in Orthodox Culture by 30.7 per cent, Foundations of the World’s Religious Cultures by 20.8 per cent, Foundations of Islamic Culture by 3.8 per cent, Foundations of Buddhist Culture by 0.4% of students, and Foundations of Jewish Culture by 0.1 per cent.
109.Regional programmes for pupils at schools and preschools, designed to promote tolerance and inter-ethnic communication, have been devised and introduced in the various constituent entities of the Russian Federation (in the Kursk, Leningrad, Voronezh, Nizhny Novgorod, Irkutsk, Omsk, Kaluga, Magadan, Yaroslavl and Lipetsk provinces; the Perm, Krasnodar, Altai and Transbaikal territories, the Yamal-Nenets Autonomous Area; the Altai, Komi, Udmurt, Chechen and Kabardino-Balkar republics, the cities of St. Petersburg, Moscow, and others). For example, an educational project on the culture and history of the various ethnic groups in Kostroma province has been developed for educational establishments in that province.
110.Preschool establishments make wide use of traditional folk games, and their children learn the basics of traditional crafts in special classes and educational clubs.
111.State accredited institutes of higher education offer degree courses in theology. In accordance with approved federal and State educational standards, instruction in this area comprises the incorporation in basic education programmes of a number of subjects covering the history of religion and philosophy, relations between State and religion, the languages and sacred texts of the religion being studied, philosophy of religion, and practical theology of the religion being studied, enabling students to acquire the necessary skills to conduct successful outreach and educational work, and to foster inter-ethnic and interfaith dialogue.
112.A pilot bachelor’s degree programme has been developed in education studies, focusing on the foundations of religious cultures and secular ethics.
113.Working in close cooperation with the Ministry of Education and Science, State executive and administrative bodies are providing further training to their staff, including in the traditions and cultures of other groups and nationalities. From 13 to 29 January 2016, together with the M.V. Lomonosov Moscow State University, the Federal Agency for Nationalities offered, as part of the refresher programme for teachers, a further training course in current issues of ethnic policy.
114.Launched initially as a pilot project, the Russian-language component of the Indigenous Fellowship Programme of the Office of the High Commissioner for Human Rights has been under way since 2005. Over the period 2012-2015, the programme was supported by the State authorities of the Russian Federation, including through lectures and meetings in relevant federal ministries and departments.
115.Every year a national competitive master class is held for teachers of native languages, including Russian. The winning submissions are collected in a compendium and circulated to the various regions of the country, including to educational organizations and institutions.
116.In 2014, the Ministry of Labour and Social Protection of the Russian Federation organized a centralized further training programme for 305 public and municipal employees of the Republic of Crimea and the city of Sevastopol, on the issue of the implementation of the State nationalities policy in the Republic of Crimea and the city of Sevastopol, as an 18-hour training module forming part of the professional development programme on current development issues of the Crimean Federal Area at M.V. Lomonosov Moscow State University. In cooperation with the Moscow State Institute of International Relations, a toolkit was prepared for civil servants dealing with issues involving inter-ethnic, inter-ethnic and interfaith relations.
117.The Supreme Court of the Russian Federation posts the decisions of the Committee on its consideration of individual communications and its general recommendations on the Court’s website, in English. This information is available to all ordinary courts, and also to justices of the peace.
118.The information contained in the annual reports of the Committee on the Elimination of Racial Discrimination is circulated to the judges and staff of the Supreme Court. The Russian versions of the annual reports are also posted on the website of the Supreme Court (in the “international law” folder).
119.Russian translations of the Committee’s decisions are included in periodic reviews of the practice of the Supreme Court of the Russian Federation. Information on the substance of the thematic reports of the Special Rapporteur of the Human Rights Council on contemporary forms of racism, racial discrimination, xenophobia and related intolerance is also transmitted to the judges and staff of the Supreme Court.
120.A variety of cultural and information products are provided which foster the notions of tolerance and mutual respect among different peoples and cultures. Films on folk arts and crafts, inter-ethnic harmony, friendship among peoples, patriotism and cultural diversity are broadcast on central television channels.
121.Projects to support and promote the culture of the different peoples of the Russian Federation are being run under the auspices of the Ministry of Culture. These include:
•A gala concert at the international festival of Finno-Ugrian arts and crafts, held in Petrozavodsk, Republic of Karelia;
•A popular science lecture series on tradition and modernity in the culture of the peoples of Western Siberia, held in Omsk province;
•The Tusholi folk festival in the Republic of Ingushetia;
•Conservation and development of the traditional culture of the peoples of the Altai, in the Republic of Altai;
•The Fire Song international folksong contest, in the Republic of Khakassia;
•The Tun Pairam (“feast of the first milk”) national festival, in the Republic of Khakassia;
•The MIR Sibiri (“music and crafts of Siberia”) international festival of folk music and crafts, in the Krasnoyarsk territory;
•Festivals and competitions, aimed at preserving and developing the folk arts and traditions of the Republic of Bashkortostan;
•A festival of traditional arts and customs of the peoples of the Russian Federation, held in the Chuvash Republic;
•An interregional folk costume competition, in the Republic of Mari El;
•The Karavon Russian folk festival, in the Republic of Tatarstan;
•The third International Festival of the Arctic, celebrating the attractions of the Taimyr, held in Krasnoyarsk territory;
•A festival of the folk arts and crafts of Kostroma province;
•Kursk Mosaic, a celebration and contest of traditional cultures;
•Crimean Mosaic, a national festival of fine art and decorative and applied arts, in the Republic of Crimea;
•An interregional festival of the ethnic cultures of the peoples of the Don, in Rostov province;
•An international festival of the folk art of the Russian regions and the Caspian States, to celebrate friendship on the Caspian coast, in the Republic of Dagestan;
•The second regional folk concertina contest, held in honour of the celebrated Russian performer Kuratsa Kashirgova, in the Kabardino-Balkar Republic;
•An international festival of story-tellers, in celebration of the Kalmyk folk epic Djangar, in the Republic of Kalmykia;
•The Sadok international festival of folk arts and crafts, in Novgorod province;
•The Cossack Circle national folk contest;
•A national contest of folk arts and crafts, in celebration of Russian handicraft skills.
122.Comparable activities are being held at local level, in the constituent entities of the Russian Federation. The Federal Press and Mass Communications Agency provides government support to electronic and print media organizations in the implementation of projects to harmonize inter-ethnic relations, foster inter-ethnic understanding, promote the notions of inter-ethnic tolerance, prevent extremism on ethnic and religious grounds and strengthen inter-ethnic dialogue and the unity of the Russian people.
123.Over the period from January 2012 to June 2015, 69 projects were implemented on the above subjects in the electronic media, receiving grant funding to a total of 132.1 million roubles, and 85 projects in the print media, with a total grant funding of 29,715 million roubles.
124.Projects benefiting from State support included the following:
•The television programmes “Diaspora”, “Welcome!”, cultural news, and “Land and sky” on the Mir channel; “Countrywide” on Russian public television; “Discoveries of history”, on the Novgorod NNTV channel; “Living together”, on the Volgograd channel of the State broadcasting corporation; “Chimes of Buryatia” and “Nairamdal”, on the Buryatia channel, and others;
•The television documentaries: “Let’s be brothers”, part two, on the Stavropol channel of the State broadcasting corporation; the television documentary series “Cultural capitals of the Commonwealth”, on the Mir channel; “Festivals”, on the Kultura TV channel; “Our hearth”, on the Adygeya channel of the State broadcasting corporation, and others;
•Radio programmes on the peoples of the Russian Federation, on Radio Rossii; on the nationalities question, on Radio Komsomolskaya Pravda; on the city of Kyzyl and its residents, on the Tyva channel of the State broadcasting corporation, and others;
•Features in federal and regional journals, such as a project on education and upbringing in a multi-ethnic and multicultural environment, in classes with a multinational composition, including classes with large numbers of migrant and internally displaced children, run by the journal Nachalnaya Shkola (“Primary School”); a project on community relations, run by the journal Molodaya Gvardiya (“Young Guard”); a project on tackling the social problems of the Roma people, and strengthening and developing their cultural traditions in accordance with the comprehensive plan of activities for the social, economic, ethnic and cultural development of the Roma in the Russian Federation for the period 2014-2015, run by the Moscow journal Tsygane Rossii (“Roma of Russia”); a project entitled “Culture tree”, run by the young people’s journal Ushkan (“Hare”) in the Republic of Buryatia; a project on the preservation of cultural traditions and respect for the traditions of others, run by the journal Maramyz (“Constellation”), in the Karachay-Circassian Republic;
•Projects in federal and regional newspapers: the project “Beyond the law”, in Moskovsky Komsomolets (“Moscow Komsomolets”); a project on using information to counter crime, terrorism, extremism, and ethnic and religious intolerance in the city environment, run by Budni Rayona (“District Daily Life”), in Dagestan; a project on the traditions and interactions of the peoples of Russia and Tyva, 100 years after their unification, exploring the unifying force of history and the Russian language, run by Tsentr Azii (“Centre of Asia”), in the Republic of Tyva; a project on the special features of ethnic friendship, run by Selskaya Gazeta (“Rural Gazette”), in Krasnodar territory; a project on camaraderie, run by Orenburgskaya Sudarynya (“Orenburg Miss”), in Orenburg province; a project on overcoming difference and working together, run by Zmeinogorsky Vestnik (“Zmeinogorsk Herald”), in Altay province; a project on learning the Buryat language, run by Inform Polis, in the Republic of Buryatia; a project on a united Russia and its component parts, run by Vozrozhdenie (“Revival”), in the Republic of Mordovia.
125.The State media regularly carry out awareness-raising work aimed at harmonizing inter-ethnic and interfaith relations, fostering a culture of inter-ethnic dialogue and preventing ethnic and racial conflicts. Thus, the Russian State broadcasting corporation regularly airs cultural, educational, religious, social, political and musical entertainment programmes and series on this subject. The corporation has allotted a weekly slot on its television channel Rossiyskoe Televidenie for thematic broadcasts by its 25 regional stations and three territorial divisions. The corporation’s regional stations produce and broadcast information and thematic television and radio programmes in more than 50 ethnic languages. For example, the corporation’s regional station Dagestan alone broadcasts in 13 local ethnic languages.
126.The regional stations play an active role in developing joint inter-ethnic projects on television. As part of its broadcasting services, the Rossiya-1 channel, through its regional stations, is carrying out inter-regional information projects on cultural and educational themes, with the aim of building an atmosphere of friendship, good relations between ethnic groups and respect for the culture of their neighbours. Under the State broadcasting corporation, the television channel Komi Gor produces a news magazine on Finno-Ugrian issues, with features on the contemporary life, history, traditions and customs of the Finno-Ugrian peoples.
127.In addition, the regional station Yamal, also part of the State broadcasting corporation, has launched an innovative weekly news and analysis programme “Vesti Arktiki” (“Arctic tidings”), aimed at developing and supporting the culture of the northern peoples of the Russian Federation.
128.In 2013 and 2014, the television channel Moya Planeta (“My Planet”) launched a documentary project on ethnic groups in the Russian Federation with populations as small as 400-500, but which still maintained their languages, traditions and distinct cultures. Over the course of two years 18 films were shot on ethnic groups of the Russian Federation speaking rare languages - namely, the Besermyans, the Digors, the Enets, the Evens, the Izhorians, the Koryaks, the Nganasans, the Nivkh, the Samaghirs, the Sami, the Setos, the Shapsugs, the Soyots, the Telengits, the Tozhu Tyvans, the Tubulars, the Ulch and the Vepsians. In December 2014 the documentary film “Rare people” was chosen as the best television documentary series at the ArtDocFest annual documentary film festival and the production team was awarded the festival’s prize, the Laurel Branch.
129.By the end of 2015, 27 regional stations and four territorial branches of the State broadcasting corporation were producing radio programmes in ethnic languages, which were broadcast by Radio Rossii.
130.The project entitled “Russia for all”, launched by the international news agency, Rossiya Segodnya (“Russia Today”), represents a major contribution to the strengthening of inter-ethnic relations. “Russia for all” is an information and awareness-raising portal (www.ms4all.ru) with a consolidated editorial policy aimed at supporting work on the Internet, and social media in the different languages of the peoples of the Russian Federation and the countries of the Commonwealth of Independent States. The portal operates in the following different language versions: Russian, Kyrgyz, Tajik, Azeri, Chechen, Circassian, Dagestani, Buryat and Crimean Tatar. So far it has had more than 1.7 million visitors. More than 13,000 pages of various materials have been published on the portal, most of them in two languages (Russian and native), including 333 pages in Buryat, 1,046 in Chechen, 1,037 in Circassian, 2183 in Dagestani, and 737 in Crimean Tatar.
131.During this period, the portal’s editorial team held more than 30 different round tables on such topics as: “Launching a Buryat version of the “Russia for all” portal”; “Who are the Russians? - drawing a line between nationality and identity”; “Moscow Sabantuy (Tatar summer festival) 2013”; “Presentation of the Internet project on writing history together”; “Russia and the Russians in the twenty-first century”; “Adaptation of migrants: national strategy and policy”; “Stereotyping the Chechens: myths and realities”; “Russia and Dagestan: 200 years together”; “Circassians in contemporary Russia and abroad: facets of the government policy”; “Journalist ethics exemplified by coverage of the events in Biryulevo”; “Chingiz Aitmaitov’s day in the Russian Information Agency”; “Crimean Tatars: yesterday, today, tomorrow”; “Tatars in Russia: issues of identity”; “Anniversary of the deportation of the Crimean Tatars”; “Launch of the ‘Russia for all’ site in Crimean Tatar”; “Extremism in the community: what causes it and how it can be countered”; “Ice hockey match: ‘Friendship of peoples’”; “Feast of Kurban Bayram: traditions and significance in today’s world”; press briefings and video conferences attended by dozens of renowned experts, heads of government departments, and representatives of voluntary associations. The Internet portal “Russia for all” also carries information on such activities as celebrations of the Buryat New Year in Moscow, an autumn festival of Vainakh music and a forum for Circassian and Abkhaz youth from the Russian Federation and abroad.
132.The official State daily Rossiyskaya Gazeta (“Russian Gazette”) and the magazine Rodina (“Motherland”) carry extensive reports on inter-ethnic and interfaith relations, the work by authorities in this area, the ethnic cultures and traditions of the peoples of the Russian Federation and other such topics in their central and regional print editions, and on their official website www.rg.ru, under the headings “Society”, “In the regions”, “Culture”, “Religion”, “Migration”, “Foreigners in Russia”, and others.
III.Information on the implementation of the concluding observations of the Committee on the Elimination of Racial Discrimination on the twentieth to twenty-second periodic reports of the Russian Federation, adopted by the Committee at its eighty-second session
Paragraph 7
133.Information on this recommendation may be found in paragraph 26 of the present report.
Paragraph 8
134.In accordance with national law, identity documents do not include a field for nationality (ethnic origin). Under article 26 of the Constitution, no persons may be compelled to determine or to state their ethnic identity.
135.The Federal Act on civil registration provides for an entry on nationality (ethnic origin) in a birth certificate at the applicant’s request, and in a death certificate if there is an entry to that effect in the deceased’s personal identity document. Information on the ethnic background of migrants is not included in the records of the Office of Statistics. Thus, it is not possible, on the basis of current statistics, to present systematic data on ethnic composition.
136.The Russian population census is the sole source of information on the ethnic composition of the population.
137.Data on the country’s ethnic composition, based on the 2010 census, including basic social and demographic characteristics, and on the census in the Crimean Federal District are freely available on the website of the Federal State Statistics Service (www.gks.ru) and include information on the main social and demographic characteristics of the various nationalities: marital status, level of education, livelihood and economic activity. In particular, information is available on educational attainment, sources of income, employment, including information disaggregated by the different areas where the indigenous minorities of the Russian Federation have their habitat.
138.During the period between census exercises, microcensuses and selected sociological studies are carried out. Thus, in the fourth quarter of 2015, a comprehensive study on the social, economic, ethnic, cultural and legal aspects of the integration of Roma in the Russian Federation, commissioned by the Federal Agency for Nationalities, was carried out with assistance from the Federal Autonomous Ethnic and Cultural Organization of the Roma of the Russian Federation. The study covered the Roma population aged 16 and over in 30 constituent entities of the Russian Federation and surveyed a total of 1,000 respondents. The study examined the social, economic and political situation of Russian Roma, their lifestyle, their ethnic, cultural and legal awareness, their public opinion on key development issues of Russian society and their degree of integration in Russian society. The results of the study after processing will be uploaded to the official website of the Federal Agency for Nationalities.
Paragraph 9
139.A number of laws and regulations have been adopted as part of the system for the collection of data, based on the principle of self-identification, with a view to assessing the social and economic status of the different ethnic groups in the Russian Federation. Under paragraph 13, subparagraph 8,of Presidential Decree No. 248 of 1 March 2011, on the internal regulations of the Ministry of Internal Affairs, the Ministry is responsible for establishing and maintaining federal registers, databases of updated background, forensic, statistical and other information, and is to have access in the prescribed manner to the associated federal registers and databases of other federal executive authorities, for the purposes of fulfilling its mandate, including with regard to the processing of citizens’ complaints of racial discrimination and the gathering of information on relevant criminal and administrative jurisprudence.
140.Measures to collect information on complaints of racial discrimination and on the rulings of criminal, civil and administrative courts, measures to inform victims of racial discrimination about legal protection and assistance, and measures to ensure the proper apportionment of the burden of proof of discrimination in criminal, civil and administrative court proceedings all form part of the work by regional offices of the Ministry of Internal Affairs to implement the regulations on the Ministry’s consideration of communications from citizens, approved by order No. 707 of the Ministry of Internal Affairs of 12 September 2013 and registered with the Ministry of Justice under No. 30957 on 31 December 2013, and the instructions on the procedure for admission, registration and ratification in the Ministry’s regional offices of allegations and reports of offences, administrative infractions and accidents, approved by order No. 736 of the Ministry of Internal Affairs of 29 August 2014 and registered with the Ministry of Justice under No. 34570 on 6 November 2014.
141.Federal Act No. 179 of 28 June 2014, amending selected laws and regulations of the Russian Federation, stipulated amendments to the Criminal Code, the Code of Criminal Procedure, Federal Act No. 114 of 25 July 2002, on countering extremist activities, and Federal Act No. 35 of 6 March 2006 on counter-terrorism, with the aim of ensuring the apportionment of the burden of proof of acts of discrimination in criminal, civil and administrative proceedings.
142.In addition, Federal Act No. 211 of 24 July 2007, amending selected legislative acts of the Russian Federation with a view to enhancing State management of efforts to counter extremism, supplements article 63 (1) of the Criminal Code with a new subparagraph (f), specifying as an additional aggravating circumstance the commission of a crime for reasons of political, ideological, racial, ethnic or religious hatred or enmity or for reasons of hatred or enmity directed against any specific group.
Paragraph 10
143.Information on this recommendation may be found in paragraphs 7 and 8 of the present report.
144.In addition, in order to combat racial discrimination, the Commissioner for Human Rights in the Russian Federation and the human rights commissioners in the constituent entities of the Federation consider complaints both from citizens of the Russian Federation, and from foreign nationals and stateless persons in the territory of the Russian Federation, pursuant to the requirements of article 15 of Federal Constitutional Act No. 1 of 26 February 1997, and take steps to restore the violated rights of such complainants.
145.Where necessary, criminal or administrative proceedings are instituted in the light of the consideration of complaints.
146.In addition to considering complaints alleging violations of the rights of the complainants, including complaints submitted by e-mail, the Office of the Commissioner processes a large volume of official correspondence, and engages in wide inter-agency cooperation with the aim of enhancing human rights legislation and the monitoring of enforcement practices, including in relation to the campaign against racial discrimination.
147.Staff working for the different commissioners attend parliamentary hearings in the Federal Assembly; meetings of the Government Commission; activities conducted by human rights organizations and other events, such as round tables, congresses, conferences, forums, seminars and coordination meetings on issues of civil society and human rights with representatives of the executive branch.
148.Information is regularly aired in the media about the work of the human rights commissioners, to keep the public informed about their role in promoting and protecting human rights, including combating racial discrimination. In addition, the commissioners post information on the Internet and on their official websites.
Paragraph 11
149.Information and statistics on crimes motivated by ethnic, racial or religious hatred or enmity are regularly posted on the official websites of the Ministry of Internal Affairs, the Office of the Procurator-General and their regional offices, and the Supreme Court of the Russian Federation.
150.According to official figures, there has been a steady downward trend in the number of murders committed in the Russian Federation on the grounds of ethnic, racial or religious hatred and enmity.
151.Offences with these motives committed in the Russian Federation against citizens of the Roma nationality are not recorded separately.
152.Offences of an extremist nature have shown an increase over the past 10 years in the Russian Federation (130 in 2004, 896 in 2013, 1,034 in 2014 and 1,329 in 2015), largely attributable to the more efficient efforts by the counter-extremism centres of the internal affairs authorities to prevent such offences.
153.Information on decisions handed down by courts against the perpetrators of hate crimes with ethnic and religious motives is published on the websites of the law enforcement agencies.
154.Thus, on 6 March 2013, the Sverdlovsk Regional Court found the minor Aleksandr Solovyev guilty, as a supporter and advocate of the nationalist views of the informal “skinhead “ youth movement and as the organizer of the Volksturm extremist association, of active involvement in an organized group in the commission of crimes motivated by race, ethnic hatred and enmity against people from regions of the Northern Caucasus and Central Asia, and of the attempted murder of eight persons and the murder of two persons.
155.Information on this recommendation may be found in paragraphs 80 and 81 of the present report.
Paragraph 12
156.The Russian Federation condemns all forms of discrimination and is pursuing a concerted policy to that end, details of which may be found in paragraphs 17, 18, 51, and 91-97 of the present report.
157.In addition, in conjunction with the Guild of Inter-Ethnic Journalism, Radio Rossii and Rossiyskaya Gazeta conduct an annual national contest for the best media coverage of the issue of ethnic relations of the peoples of the Russian Federation and their ethnocultural development. The contest is intended for journalists working in federal, regional and ethnic cultural media outlets.
158.The results of the 2011 contest showed that, over the previous three years (2009-2011), the number of upbeat publications on inter-ethnic issues in Russian federal, regional and ethnic media outlets had more than doubled.
159.Since 2010, with the support of government authorities, the Guild has regularly conducted round tables, lectures and workshops for journalists on how to ensure properly informed coverage of inter-ethnic issues in the media. In 2015, such workshops were held in 14 regions, with the attendance of 603 journalists and ethnic activists.
160.Since 2015, the Guild has run a three-month course in ethnic journalism, following a special syllabus to build the skills of journalists working on ethnic issues. In 2015, a total of 123 journalists took the course. A road map has also been issued for journalists working in a multi-ethnic country.
Paragraph 13
161.With the aim of fleshing out the provisions of Federal Act No. 114 of 25 July 2002, No. 114, on countering extremist activities, a counter-terrorism strategy was adopted in 2014 which sets out definitions of such notions as “ideology of extremism”, “manifestations of extremism” and “countering extremism”, and outlines conceptual approaches to implementation of the State counter-terrorism policy.
162.As part of the application of legislation on criminal liability for offences under articles 280 and 282 of the Criminal Code, the Plenum of the Supreme Court of the Russian Federation explained to the courts that the notion of public incitements (Criminal Code, art. 280) is to be understood as calls expressed in any form (spoken, written, using technology or public information and telecommunication networks, including the Internet) to others encouraging them to perpetrate extremist acts.
163.The question whether or not such calls are public in nature is to be settled by the courts in accordance with the place, manner, environment and other circumstances in which they are made (calls to a group of people in public places, at meetings, rallies, demonstrations, through the distribution of flyers, display of posters, posting on public information and telecommunication networks, including the Internet, for example, on websites, blogs or forums, or the dissemination of such calls by mass mailings by e-mail, and so forth).
164.Actions designed to inflame hatred or enmity (Criminal Code, art. 282) are understood to mean, among other things, statements justifying and (or) approving the necessity of genocide, mass repression, deportations, or the perpetration of other unlawful acts, including the use of violence against members of any nation, race, adherents of a religion and other groups of individuals. Criticism of political organizations, ideological and religious associations, political, ideological or religious beliefs, or national or religious customs should not in itself be seen as an act designed to inflame hatred or enmity (ruling No. 11 of 28 June 2011 of the Plenum of the Supreme Court of the Russian Federation, on judicial practice in criminal cases concerning offences of an extremist nature).
165.Pursuant to Federal Act No. 121 of 20 July 2012, amending certain statutory instruments of the Russian Federation regulating the activities of non-profit organizations performing the functions of foreign agents, the notion of non-profit organization performing the functions of a foreign agent is understood to refer to Russian non-profit organizations which receive funding and other resources from foreign governments or their agencies, international or foreign organizations, foreign nationals, stateless persons or their authorized representatives and (or) Russian legal entities that receive funding and other resources from such sources (with the exception of open joint-stock companies with State participation and their subsidiaries) and are politically active in the territory of the Russian Federation, including in the interests of foreign sources.
166.Activities in the areas of science, culture, the arts, health care and the provision of medical and preventive treatment, social support and protection, mother and child care, social support for persons with disabilities, the promotion of healthy lifestyles, physical culture and sports, the protection of flora and fauna, charitable works and efforts to promote charity and volunteer work do not constitute political activities (art. 2 (6) (3) of Federal Act No. 7 of 12 January 1996).
167.The Federal Act establishing the requirement for the State registration of non-profit organizations (art. 13.1) and control of their activity (art. 32) contains no provisions contrary to the Russian Federation’s international obligations in the field of human rights. It does not limit the right to freedom of association and the establishment of associations, the participation of citizens in meetings, or the activities of Russian non-profit organizations.
168.It should be noted that the amendments introduced by the Act do not prohibit the foreign financing of non-profit organizations in the Russian Federation or restrict or prohibit their activities. The addition of such organizations to the register of non-profit organizations performing the functions of foreign agents (hereinafter referred to as “the register”) aims to render the work of those entities more open and transparent. By and large, members of the public have access to the information provided on the website of the Ministry of Justice relating to the list of such organizations. The experience of other countries, including the terminology that they use, was drawn on during the drafting of the legislation.
169.The grounds on which voluntary associations and other non-profit organizations are removed from the register in the event that they cease their operations as foreign agents, and the procedure for doing so, are set out in the Federal Act on voluntary associations and the Federal Act on non-profit organizations, which entered into force on 20 March 2015.
170.As at 26 January 2016, 20 non-profit organizations performing the functions of foreign agents had submitted applications for removal from the register.
171.Following its checks of the organizations that had submitted applications for removal, the Ministry of Justice decided to remove seven organizations from the register but rejected the applications of seven others. Checks will be conducted on the remaining organizations, following which the Ministry of Justice will adopt the requisite decisions.
172.If an organization does not agree with the decision of the Ministry of Justice relating to its removal from the register, it may contest that decision in court.
173.In addition, if an organization claims for a second time that it has stopped performing the functions of a foreign agent, it can reapply to be removed from the register. There are therefore no grounds for the claim that the current procedure for the removal of non-profit organizations from the register is unduly complex.
174.In order to clarify the notion of “political activity”, the Ministry of Justice has prepared a draft federal act amending article 2 (6) of the Federal Act on non-profit organizations. The act will specify the scope of political activities and identify possible modalities for its implementation.
Paragraph 14
175.One of main goals of the road map for internal security in the operations of the Ministry of Internal Affairs of the Russian Federation, approved by the Ministry’s order No. 1 of 2 January 2013, is strengthened departmental monitoring of internal affairs officers, to ensure that, in the performance of their duties, they observe the rights and legitimate interests of citizens, the universally recognized principles of humanism and respect for human dignity.
176.In this exercise, both enforcement and detective work are taken into account, and the decisions handed down by the courts in respect of officials of internal affairs bodies are studied, along with the decisions of the European Court of Human Rights.
177.On instructions from the President of the Russian Federation, a special hotline has been set up within the Ministry of Internal Affairs system, to provide the conditions and opportunities for citizens to be able to file complaints, promptly and without impediment, of misconduct by internal affairs officials. Such hotlines are also in operation in the control centres of the local agencies of the Ministry of Internal Affairs in each constituent entity of the Russian Federation. Citizens also have the possibility of submitting direct applications to the internal security units, or of sending e-mail messages via the official Internet sites of the Ministry of Internal Affairs. All such applications are screened and the complainants are informed of the outcome of their applications.
178.The adoption of these measures has helped to ensure a more effective response to offences committed by the internal affairs agencies (see table 3).
Table 3
|
Type of offence |
Year |
|||
|
2012 |
2013 |
2014 |
2015 ( 8 months) |
|
|
Total breaches: |
167 534 |
212 080 |
273 064 |
203 381 |
|
Of these: |
||||
|
Disciplinary wrongdoing |
162 775 |
207 446 |
268 167 |
200 243 |
|
Offences |
4 759 |
4 634 |
4 897 |
3 138 |
|
of which: |
||||
|
Abuse of authority |
2 762 |
2 642 |
3 047 |
1 916 |
|
Ordinary offences |
1 994 |
1 992 |
1 850 |
1 222 |
Table 4
|
Article of the Criminal Code |
Year |
|||
|
2012 |
2013 |
2014 |
2015 |
|
|
280 |
1 |
- |
- |
- |
|
282 |
1 |
2 |
1 |
- |
179.At the same time, departmental statistics indicate that the involvement of internal affairs officials in extremist offences (under articles 280 and 282 of the Criminal Code) is sporadic and isolated (see table 4).
180.Thus, criminal proceedings were instituted by the Investigations Division of the Khabarovsk territorial office of the Federal Security Service, on suspicion of an offence under article 280 (1) of the Criminal Code, against a former police office who posted a text of an extremist nature on a public Internet forum. The officer was convicted.
181.Criminal proceedings under article 282 (1) were instituted by the Investigation Division of the Russian Federation Investigation Committee for Arkhangelsk province and the Nenets autonomous district against an electrical fitter working for the Mirny branch of the Internal Protection Agency of the Ministry of Internal Affairs, who had posted photographs and images on his personal page on the Internet site VKontakte with comments intended as an affront to the dignity of persons on the grounds of their race and ethnic origin. The fitter was convicted.
182.Criminal proceedings under article 282 (1) were instituted by the Investigation Division of the Russian Federation Investigation Committee for Irkutsk province, based on materials in the possession of the Central Internal Security Bureau of the Irkutsk Provincial Internal Affairs Authority, against a police officer serving in the Irkutsk city precinct who posted materials on his personal page on the VKontakte social network designed to cause an affront to the dignity of persons on the grounds of their race and ethnic origin. The investigation is currently under way.
183.The identities of all the individuals charged on suspicion of the commission of the said offences have been revealed and they have been brought to account by the relevant internal security units.
184.In general, the analysis shows that the wrongful acts were committed by the perpetrators exclusively on their own initiative and by the use of their personal Internet resources.
185.The activities of the Cossack communities is regulated by Federal Act No. 154 of 5 December 2005, on the public service rendered by the Russian Cossacks. Pursuant to article 5 (4) of that Act, Russian Cossacks may participate in policing activities in the manner prescribed by law and, pursuant to article 5 (6), their services may be enlisted in discharging such public duties if their Cossack community has been listed in the State register of Cossack communities in the Russian Federation. Pursuant to article 4 of the Act, the basic principles under which Russian Cossacks are able to render public service are the legality and direct effects of their service, the primacy of human and civil rights and freedoms, and the mandatory recognition, observance and protection of those rights.
186.The provisions of Federal Act No. 44 of 2 April 2015, on citizen participation in policing, cover the activities of volunteer militias recruited from the Cossack communities listed in the State register of Cossack communities in the Russian Federation (art. 23 (1)). In addition, article 20 of Federal Act No. 44 sets out the responsibilities of volunteer militias. Members of volunteer militias committing wrongful acts will incur the penalties prescribed by the law of the Russian Federation (art. 20 (1)). Complaints may be lodged against acts by members of volunteer militias that violate the rights and legitimate interests of citizens, voluntary associations, religious and other organizations in accordance with the procedure prescribed by law (art. 20 (2)).
187.Following a campaign in the first half of 2015, the services of 29,362 members of military Cossack communities were enlisted in policing work, 26,179 of whom were entered in the official register. Over the same period of 2014, the services of 34,070 members were enlisted, 28,772 of whom were entered in the official register.
188.Over that period, with the assistance of Cossacks, 2,226 offences were detected (5,263 in 2014) and 3,604 offenders taken into custody (4,413 in 2014). In 1,081 of those cases (3,062 in 2014), police precinct commissioners worked alongside the Cossacks. Over the same period, 61,250 administrative offences were detected (193,106 in 2014) and 104,658 offenders remanded in custody (105,110 in 2014). Police precinct commissioners participated in 17,550 of those cases (55,799 in 2014), assisting with the arrests of 25,452 offenders (35,665 in 2014).
189.Duly registered Cossacks participated in 20,761 raids carried out jointly with the internal affairs agencies (37,768 in 2014).
Paragraphs 15-17
190.According to 2010 census figures, there are approximately 207,000 Roma living in the Russian Federation (0.15 per cent of the total population). Over the period since the 2002 census, the Roma population grew by 13 per cent (from 183,000).
191.Among the constituent entities of the Russian Federation, the largest concentrations of Roma are found in Stavropol territory (30,879 persons), Rostov province (16,657 persons), Krasnodar territory (12,920 persons) and Volgograd province (8,216 persons).
192.The Roma living in the Russian Federation belong to a variety of ethnographic groups: Russian Roma, Sinti and Kalderash (also known as Kotlyary), along with the Roma originating from regions of Central Asia and the Caucasus (Lyuli, Garachi and Lom, or Bosha), Ukrainian Roma (Servitka), Crimean Roma, Wallachian Roma (Vlax), Lovari, Lajesha (Chisinau Roma), and others.
193.The majority of Russian Roma are Russian Orthodox believers, while some profess Islam, some Catholicism, and some also practise pagan beliefs.
194.The Russian Federation is actively involved in the efforts undertaken by international organizations to improve the situation of the Roma and to promote their integration into modern society.
195.There is a large variability in the education and employment status of the Roma and in their capacity to form organizations. On the one hand, many prominent figures in the fields of culture, science and business have Roma roots and there is a prominent community of highly educated Roma, mainly performers (the members of the Romen State Theatre are exclusively Roma, and there are Roma members of many musical ensembles). On the other hand, because of their nomadic lifestyle, a large number of Roma have levels of education and employment below the national average.
196.Efforts to create a system of civil society institutions among the Roma have been rendered difficult by the large influx of Roma from countries of the Commonwealth of Independent States (the republics of Central Asia, the Republic of Moldova, Ukraine and others), the low literacy levels among adults and shifts in their employment conditions. Currently, there are nine autonomous Roma cultural organizations in the constituent entities of the Russian Federation. In addition, 23 voluntary associations with comparable profiles have been registered in such areas as Krasnodar territory and the Kaliningrad, Sverdlovsk, Rostov, Omsk, Smolensk and Tver provinces.
197.The activities of the Federal Autonomous Ethnic and Cultural Organization of Russian Roma, established in 1999 to coordinate the work of regional Roma organizations, are designed to revitalize and preserve the cultural identity of Russian Roma and to provide the Roma population with legal and social support.
198.The president of the organization, Nadezhda Demeter, is a member of the Russian Federation President’s Council for Inter-Ethnic Relations and of the advisory council under the Federal Agency for Nationalities on the affairs of autonomous ethnic and cultural organizations.
199.A comprehensive plan for the social, economic, ethnic and cultural development of the Roma over the period 2013-2014 was developed together with the Federal Autonomous Ethnic and Cultural Organization of Russian Roma and approved by the Government of the Russian Federation, with funding from the federal and regional budgets. The plan sets out measures in education, culture, health, social security, employment, legal literacy and other areas.
200.An analysis of the implementation of the comprehensive plan shows a marked increase in the attention given to Roma issues by federal executive authorities (the ministries of education and science, culture, internal affairs and labour, the Federal Migration Service and the Federal Drug Control Service), the executive authorities of the constituent entities of the Russian Federation and local governments. A range of preventive measures and measures of a cultural, social and organizational nature have been put into effect to legalize the Roma population, which for the most part did not have identity documents or any proof of nationality. Every quarter, an exercise is carried out to monitor the situation of the Roma in the constituent entities of the Russian Federation and the implementation of guidelines for the executive authorities of the constituent entities and local authorities on work with the Roma population, approved by order No. 318 of 30 July 2013 of the Ministry of Regional Development and deployed in all regions with concentrations of Roma.
201.In 2015, working together with the national Public Opinion Research Centre, the Federal Agency for Nationalities carried out an analysis, as prescribed by the comprehensive plan, of the social, economic, ethnic, cultural and legal ramifications of the inclusion of Roma in Russian society. A major challenge facing the inclusion of the Roma is posed by their relatively low education levels compared to the rest of the population and their lack of motivation to complete secondary school. The preliminary results of the analysis showed that only 36 per cent of the respondents have secondary or vocational secondary education and 4 per cent higher education, while the remainder have only primary education or none at all. At the same time, however, 67 per cent of the respondents reported that their children are currently attending school, although many enrol without any knowledge of the Russian language. For that reason, in accordance with article 42 of Federal Act No. 273, children from Roma families that have difficulty coping with basic educational programmes, or that have developmental and social adaptation problems, receive psychological, educational, medical and social assistance whenever necessary.
202.In line with the federal State standard for basic general education, approved by order No. 1897 of 17 December 2010 of the Ministry of Education and Science, programmes are carried out in the different constituent entities of the Russian Federation in response to the individual needs of students and schoolchildren, including members of the Roma population, by building their social skills and promoting their character development through extracurricular activities in such areas as health and fitness, moral and social education, general knowledge and culture.
203.In 2013 and 2014, checks were carried out in a number of educational establishments by the procurators of the Republic of Tatarstan, the Bryansk, Leningrad and Tambov provinces and the city of St. Petersburg of observance of the rights and legitimate interests of Roma children. No violations of their right to education were detected. Roma children have equal rights and opportunities to attend educational institutions, to be provided with textbooks and stationery and to receive school meals. Buses are made available to transport schoolchildren to educational establishments located in the countryside.
204.No cases were found of the segregation of Roma children. In some rural schools, so-called “Roma classes” have been organized in response to requests by parents, to take due account of the national traditions and nomadic lifestyle of the members of this ethnic group, and to provide Roma children with the additional instruction that they need in order to catch up with their classmates of the same age, owing to their nomadic lifestyle. For the same reasons, in some educational institutions distance learning and after-hours classes are arranged for these children.
205.In response to the nomadic lifestyle of the Roma population in the Bryansk province, secondary school No. 49 in the city of Bryansk created a Roma class, attended by children of different ages who had completed primary education. The classes ended when the community migrated to a new place of residence. Later, in the same school, another Roma class was organized, attended by 18 children following the grade 1 and grade 2 syllabuses. In 2013, that class too was closed, following the departure of the community.
206.As at 25 February 2014, there were 121 Roma children living in the village of Kalinin, in the Kuzmino-Gat rural district of Tambov province. In consideration of their ethnic traditions and the wishes of the parents, a combination of on-site and off-site instruction was arranged for the children in grades 5-9, based on the charter of Tsna secondary school No. 1, a State municipal school. Teaching by this method is provided by eight teachers to 58 Roma children, who attend lessons three afternoons per week. In addition, for medical reasons, two children are home-schooled.
207.No reports were submitted to the Office of the Procurator-General of violations of the right of Roma children to education.
208.Among important recent and cutting-edge educational initiatives for Roma children is the project launched by the Federal Autonomous Ethnic and Cultural Organization of Russian Roma on education as a pathway to the integration of Roma in Russian society. With grant support from the President of the Russian Federation, the project is being implemented in two pilot regions - Moscow province (hamlet of Belyaninovo, Mytishino district) and Smolensk province (municipality of Safonovo), with a view to tackling pressing problems relating to the provision of pre-school and primary education for children from Roma families. Over the course of the project (2013-2015), children gained the necessary knowledge and skills for successful learning and adaptation to the primary and general education system (including in the Russian language). Under the project, the Federal Institute for the Development of Education developed and introduced new methods for school work with Roma children.
209.During the project, the Federal Autonomous Ethnic and Cultural Organization of Russian Roma piloted the inclusion in the teaching set-up of a language assistant from the community who attends lessons and helps with communication between teachers, pupils and parents.
210.Parent-teacher meetings were held in each region to discuss progress with the project and the difficulties arising. The organizers observed that the Roma parents were taking a more serious attitude to their children’s education, monitoring their progress and even expressing gratitude to teachers and the project organizers.
211.During the project, a number of the Roma families took an interest in educational issues, and some even starting taking their own initiative to solve their children’s educational problems. A process of certifying the children who had participated in the project was carried out, to consolidate the skills that had been imparted. In addition to the children, this event was attended by the teachers, parents, activists from the local Roma community and project participants. To demonstrate the knowledge and skills that they had acquired, the children made drawings and models, gave readings, wrote compositions and responded to questions from teachers and parents - in other words, demonstrated how prepared they were to attend school classes.
212.As a result of the project, several target groups have gained valuable new experience and knowledge, and have also received tangible assistance and benefits:
•Pre-school children (71 in all) gained the necessary knowledge and skills for successful learning and adaptation in secondary and general education;
•School-age children (50 children) received additional teaching in basic subjects on the school curriculum, and also in Russian, significantly boosting their performance;
•Parents learned about their children’s extracurricular activities and gained first-hand experience of them, which they will be able to draw on in the future, with the younger children in their families (more than 230 parents in the two regions of the project);
•Teachers and other employees in the secondary and general education system acquired new teaching experience and piloted new procedures for dealing with Roma children, which they can now share with colleagues from other regions and continue to apply in their work with the multi-ethnic classes of today;
•A syllabus for teaching Russian as a second language to Roma children has been developed, piloted and introduced in the two regions, to prepare Roma children for school;
•To heighten public awareness of the educational problems faced by the Roma and of good practices in tackling those problems, papers have been published on the project’s progress, and lessons learned from the experience gained in its implementation. The underlying methodology and substance of the project were disseminated to all those Roma organizations in other cities of the Russian Federation which had particular need of such material;
•Activists from Roma voluntary associations gained new skills and learned new approaches to work with their target groups, strengthened their ties with their informal leaders, and raised the profile of issues relating to the social integration of communities. Cooperation in the area of children’s education was significantly boosted.
213.A report was issued on the outcome of the project and circulated to government bodies and voluntary associations across the country.
Paragraph 18
214.In the Russian Federation, all citizens lawfully present on its territory are, without exception, guaranteed the right to freedom of movement and to choose a place of residence and abode (Constitution, art. 27) and equality of human and civil rights and freedoms irrespective of sex, race, ethnic background, language or origin. Any restriction of civil rights on social, racial, ethnic, linguistic or religious grounds is prohibited (Constitution, art. 19).
215.Freedom of movement is an important constitutional right enshrined in many international instruments. Act No. 5242-1 of 25 June 1993, on the right of citizens of the Russian Federation to freedom of movement and freedom to choose their place of residence within the boundaries of the Russian Federation, is not incompatible with any international treaties of the Russian Federation, meets all recognized international standards for regulating the human right to freedom of movement and choice of place of residence and contains all the necessary safeguards and conditions for the exercise of that right. The principle of legality is fundamental to the right.
216.The Act requires the registration for information purposes of citizens of the Russian Federation at their place of residence and their place of abode within the Federation and stipulates the duty of citizens moving to a new place of residence to report within a period of seven days to the officials responsible for receiving and transferring registration documents to the registration authorities for the purposes of the entry of citizens of the Russian Federation in the registers for their place of abode, or their removal from such registers, and to submit an application for registration of their residence and, within a period of not more than 90 days, an application for registration of their place of abode for the period that they choose, that is to be negotiated with the person who makes their dwelling available for these purposes.
217.The regulations on the registration of citizens of the Russian Federation and their removal from the registers for their place of residence within the Russian Federation, approved by government decision No. 713 of 17 July 1995, set out the procedure for the registration of citizens.
218.Every year in the Russian Federation, over 20 million Russian citizens apply to the registration authorities for registration or removal from the registers for their place of residence or abode. During the first nine months of 2015, more than 6.3 million citizens of the Russian Federation were registered at their place of residence and 2.3 million at their place of abode.
219.The possible grounds for imposing certain restrictions on freedom of movement, spelled out in article 8 of the Act, are consistent with the scope defined by the Constitution and international treaties. The provisions of the Act have not been deemed to be unconstitutional.
220.Over recent years, amendments have been made to the legislative system in the Russian Federation, designed to simplify the registration procedures by removing unnecessary administrative barriers to access by citizens to public registration services. In particular, it is now possible to submit applications by e-mail, the number of documents to be submitted for registration has been reduced, and the registration problems faced by citizens belonging to indigenous minorities of the Russian Federation that lead nomadic or semi-nomadic lifestyles and have no place of permanent or principal abode and other such problems have been solved.
221.In the event that persons applying for public registration services at their place of residence or abode consider that their rights and freedoms have been breached, they shall be entitled to challenge the decision and (or) the action (or failure to act) of the official. To this end, the Federal Migration Service issued its order No. 364 of 29 August 2013 approving the administrative regulations assigning to the Federal Migration Service the public service of maintaining the registers of migration in the Russian Federation, which include an indicative list of possible violations by officials or local offices of the Federal Migration Service.
222.Such challenges may be submitted either prior to or during the legal process itself. The complaint may be lodged by the applicant in writing or electronically and may be sent by mail, through the multifunctional centres or over the Internet, via official websites or the consolidated public services portal, and may also be submitted by the applicant in person. Complaints are to be reviewed by the responsible officials within a period of 15 days.
223.Challenges made in the course of legal proceedings against decisions and (or) acts (or failures to act) by officials are submitted in accordance with the provisions of the civil procedural legislation of the Russian Federation. The courts are entitled to suspend a contested decision before its entry into force.
224.In the event that the rights and freedoms of the complainant are found to have been violated, the officials responsible are duly charged, including under criminal law.
225.Thus, there is a history of registering citizens in the Russian Federation, and the practice has evolved in line with developments in the political, economic and social situation in the country. The purpose of this procedure has always been to use registration as a means of ensuring public and political security, monitoring situations conducive to criminal behaviour, giving effect to the electoral rights of citizens, and other such outcomes. As matters stand, the legislation of the Russian Federation relating to the registration of citizens of the Russian Federation and their removal from the registers at their place of residence and their place of abode in the Russian Federation is entirely consistent with their constitutional human and civil rights. In addition, the procedure has been considerably simplified, including in line with proposals from representatives of civil society.
226.With regard to the Committee’s observations about administrative barriers put in place by the police in the Russian Federation to prevent the registration of individuals belonging to migrant groups, Roma and national minorities, including those from regions of the Northern Caucasus, we wish to inform you that the internal affairs authorities and the police do not have such powers. This situation has been in effect since 2006, following the adoption of Federal Act No. 121 of 18 July 2006, amending certain statutory instruments of the Russian Federation with a view to improving State administration of migration matters.
227.Checks carried out by procurators on the instructions of the Office of the Procurator-General brought to light no instances of staff of the Federal Migration Service refusing registration or the issuance of temporary residence permits on national, racial or religious grounds. Under the provisions of article 3 of Act No. 5242-1, registration or the lack thereof may not serve as grounds for restricting or placing conditions on exercise of the rights and fundamental freedoms of citizens enshrined in the Constitution of the Russian Federation, the federal acts and the constitutions (statutes) and acts of the constituent entities of the Russian Federation.
Paragraph 19
228.The road map for the State migration policy for the period up to 2025, approved by the President of the Russian Federation in 2012, acknowledges the need to improve the system of recruiting migrant workers by developing arrangements to attract, select and employ the foreign labour needed by the Russian economy. The problem is being tackled through various concerted measures, such as upgrading the quota system and other regulatory instruments to attract foreign workers and improving the licensing procedure followed in the use of foreign labour.
229.In 2014 the quota system for the issuance of work permits to foreign citizens entering the Russian Federation under the visa-waiver programme was replaced by a permit system whereby the labour of such persons could be used on the basis of licences. The right to recruit persons in this category on the basis of licences was accorded not only to individual employers or clients commissioning work or services who are citizens of the Russian Federation, as previously, but also to legal entities providing such employment.
230.Under the aforementioned Act, in order to maintain a balanced labour market, top-ranking officials of the constituent entities of the Russian Federation have the right, when issuing such licences in their constituent entity, to specify the profession (specialization, duties, type of work) of the foreign national, and also the right, taking into account the specific regional features of the labour market and the need to give priority to the employment of Russian citizens, to impose annual limits on the recruitment of foreign workers by businesses operating in the territory of their constituent entity on the basis of licences for specific types of economic activity.
231.Attention is drawn to Federal Act No. 115 of 25 July 2002, on the legal status of foreign nationals in the Russian Federation, which sets out the different procedures by which foreign workers may be recruited to work in the Russian Federation. Preferential arrangements are accorded for the recruitment, among other categories, of skilled and highly skilled workers.
232.Monitoring exercises in the area of labour migration show that, during the first nine months of 2015, more than 172,000 work permits were processed, and licences granted for the recruitment of some 1,410,000 foreign nationals.
233.In accordance with the aforementioned Federal Act, an agency duly approved by the relevant entity of the Russian Federation participates in the processing and issuance of licences to foreign nationals, including the receipt of applications and the necessary documents for the issuance or reissuance of the licence.
234.As matters stand, 50 constituent entities have identified such agencies. Printed materials (leaflets for migrants), other forms of reader-friendly information and Internet resources are used in the conduct of consultations.
235.The rights enshrined in the Convention of ethnic minorities and foreign nationals to work and to protection from unemployment are upheld in the Russian Federation on the basis of the Labour Code, which, in its article 2, sets out the main principles for the legal regulation of labour relations and other directly related matters.
236.Thus, articles 2 and 3 of the Code prohibit discrimination at work and guarantee equal opportunities for the exercise of labour rights. No one may be restricted in their labour rights and freedoms or benefit from any preference on the grounds of sex, race, skin colour, ethnic background, language, origin, material, family, social or official status, age, place of residence, attitude to religion, political convictions, membership or non-membership of voluntary associations or other circumstances unrelated to an employee’s occupational skills. Persons who consider that they have been subjected to employment discrimination are entitled to apply to the courts for the restoration of their violated rights and compensation for material and moral damage.
237.The Act on employment in the Russian Federation also sets out State guarantees that ensure the constitutional right of ethnic minorities and labour migrants to work and to social protection from unemployment. In accordance with article 6 of the Act, employment legislation also covers stateless persons, unless otherwise provided by federal law or international agreements to which the Russian Federation is a party.
238.In this regard, the employment of ethnic minorities, including the Roma and foreign nationals residing lawfully in the territory of the Russian Federation, is ensured through the provision of a range of public services to help them find jobs.
239.Given that most labour migrants are citizens of the Commonwealth of Independent States, the Russian Federation and the Commonwealth member States have taken measures to protect the rights and legitimate interests of labour migrants and members of their families throughout the Commonwealth.
240.On 29 May 2014, the Treaty on the Eurasian Economic Union was adopted, which created the necessary conditions for ensuring the equal employment rights and opportunities of citizens of the member States of the Union in the territories of those member States. Under article 37 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, before their departure, or at the latest at the time of their admission to the State of employment, migrant workers and members of their families shall have the right to be fully informed by the State of origin or the State of employment, as appropriate, of all conditions applicable to their admission and in particular those concerning their stay and the remunerated activities in which they may engage, and also the requirements that they must satisfy in the State of employment and the authority to which they must address themselves for any modification of those conditions.
241.The Federal Labour and Employment Service has set up an information portal on working in the Russian Federation, available on the Internet at the address: www.trudvsem.ru, which provides information on vacancies, including those with accommodation provided, and the addresses and phone numbers of the employment services of the constituent entities of the Russian Federation handling any given vacancy.
242.The Commonwealth of Independent States operates an information exchange system on labour needs in the national labour markets of member States, which provides information about the labour legislation of the different member States and job vacancies in their labour markets.
243.The system is accessible via a link marked “CIS job market” on the websites of the Commonwealth agencies responsible for employment, and on the websites of the Executive Committee and the Inter-Parliamentary Assembly of the Commonwealth of Independent States and the General Confederation of Trade Unions.
244.Under Act No. 1032-1 of 19 April 1991, on employment in the Russian Federation, citizens registered as job-seekers with an employment office and unemployed citizens have the right to participate in public work schemes.
245.Such persons are entitled to social assistance in the form of unemployment benefits. The question whether or not registered job-seekers are to be recognized as unemployed is decided by the authorities of the employment service at the place of residence of the persons concerned.
246.In order to reduce informal employment, awareness-raising activities are conducted for the population of the constituent entities of the Russian Federation using radio, television and print media, workshops for employees and employers, and the posting of information on Internet sites, billboards and information stands in public places (shopping centres, shops, markets, and so forth).
247.Under article 3, section 2, paragraph 1, of Federal Act No. 273 of 29 December 2012, on education in the Russian Federation, public policy and the legal regulation of education issues are based, among other precepts, on the principles of ensuring the right of everyone to education and non-discrimination in education. Under article 5 (2) of Act No. 273, the right to education is guaranteed in the Russian Federation without distinction as to sex, race, ethnic background, language, origin, property or social status, place of residence, attitude to religion, beliefs or other circumstances.
248.In accordance with article 78 of Act No. 273, foreign nationals and stateless persons enjoy equal rights with citizens of the Russian Federation regarding access to preschool, primary, basic general and general secondary education and to vocational training programmes for trades and white-collar jobs offered as part of the curriculum of universal and free secondary education.
249.In this regard, to uphold the right to education of children, including Roma children, pursuant to articles 4 (5) and 9 of Act No. 273 and articles 15 and 16 of Federal Act No. 131 of 6 October 2003, on the general principles of local self-government in the Russian Federation, local authorities have drawn up a register of all children aged 6-15 who should be attending school, with particular attention to foreign nationals (stateless persons), and steps have been taken to consolidate municipal educational establishments for specific areas.
Paragraph 20
250.Given the vulnerability of the traditional lifestyles and habitats of the indigenous minorities, the arduous environmental and climate conditions in which they live and their small numbers (fewer than 50,000 individuals), the Constitution of the Russian Federation and Russian law accord to them a special legal status and priority in access to natural resources.
251.Under federal legislation, the following priorities and benefits are accorded to the indigenous peoples of the North, Siberia and the Far East:
Simplified arrangements for their access to aquatic living resources;
Special regime for the management and use of forests in areas where indigenous minorities and ethnic communities have their traditional habitat;
Public support for the communities of indigenous minorities established as non-profit organizations for the protection of their native habitat and for the preservation and promotion of their traditional life styles, livelihoods, trades and culture;
Use of a declaration procedure for granting citizens the leasehold of parcels of State or municipal-owned land;
Entitlement to a State pension five years earlier than the generally established age of retirement, in other words, on reaching the ages of 55 and 50, respectively, for men and women, while the normal retirement ages are 60 and 55, respectively;
Right to use land, free of charge, of various categories in areas of traditional habitat and traditional economic activities and other benefits relating to the use of land and natural resources designed to protect the native habitat, traditional lifestyle, livelihoods and crafts of indigenous minorities;
Free logging rights to meet their own needs in the use of forest resources in their traditional habitat areas;
Right to the use of water bodies located in the traditional habitat areas of indigenous minorities, for the fulfilment of their traditional resource needs;
Exemption from tax on the use of animal and aquatic living resources to meet their personal needs;
Right to preserve and develop their native language, traditions and culture;
Freedom of choice and use of their language of communication, along with other rights and preferences.
252.In addition, the constituent entities of the Russian Federation adopt laws and regulations establishing additional measures of social support for indigenous minorities, such as, for example, the traditional economic practices (in particular, reindeer herding, fishing, harvesting of wild foods), cultures and languages of the indigenous peoples of the North. Provision is made for targeted assistance, including for nomadic peoples, in medicine, housing and education.
253.More than 1,200 regional laws and regulations have been adopted that cover the exercise by indigenous minorities of their rights. Access to aquatic living resources has been simplified for the indigenous minorities of the North, Siberia and the Far East of the Russian Federation and their communities. The volume of aquatic living resources that they are able to claim for their traditional fishing practices is now significantly higher than that accorded previously.
254.Under article 49 of Federal Law No. 52 of 24 April 1995, on animal resources, indigenous minorities whose original culture and lifestyle involve traditional methods of animal conservation and the use of animal resources, citizens belonging to these minorities and their associations have priority in the use of the animal resources in the areas of their traditional settlements and economic activities.
255.Priority in the use of animal resources includes priority in the choice of hunting and fishing grounds; preferential rights regarding hunting and fishing seasons and areas, the sex and age distribution of the species harvested, and the products of their livelihoods; the exclusive right to harvest certain animal resources and products of their livelihoods; and other uses of animal resources negotiated with State agencies of the Russian Federation specially authorized to protect, control and regulate the use of animal resources and their habitats.
256.Under the law, members of indigenous minorities are exempt from the payment of fees for the use of aquatic living resources to meet their personal needs and have priority in access to certain high-value species.
257.The clearest example of this approach is the hunting of the gray whale, practised by the indigenous minorities of Chukotka, a species listed in the Red Book of the Russian Federation and the Red Data Book of the International Union for Conservation of Nature (IUCN). Annually, on the basis of decisions adopted by the International Whaling Commission (IWC), the harvesting of 135 gray whales in the waters of the Bering Sea surrounding the Chukchi autonomous region is permitted. The Russian Federation takes responsibility for submitting and defending an application to IWC for the harvesting by the indigenous minorities of Chukotka of gray whales. Decisions on the allocation to the Russian Federation of quotas of gray whales are adopted by consensus at sessions of IWC. The same procedure is followed in according access by indigenous Chukchi to an even rarer and more valuable species — the Greenland whale — of which they are allowed to harvest five individuals per year.
Areas of traditional resource use by the indigenous minorities of the North, Siberia and the Far East of the Russian Federation
258.The question of the demarcation and use of areas of traditional resource use, which is currently governed by Federal Act No. 49 of 7 May 2001, on areas of traditional resource use by the indigenous minorities of the North, Siberia and the Far East of the Russian Federation, has become one of the most sensitive issues faced by the country’s indigenous peoples.
259.Under the Federal Act, some 500 regional and local-level areas of traditional resource use have been demarcated. The largest number of these have been created in the Khanty-Mansy autonomous area — or Yugra — which already has 478 such areas constituting 27.4 per cent of its total area. Their population numbers 2,453 individuals, who are participants in the negotiation process. Other such regional and local-level areas have been formed in Khabarovsk territory, the Republic of Sakha — or Yakutia, the Republic of Altai, Tomsk province, and other localities. In some parts of the country — the Republic of Sakha, Khabarovsk territory, the Amur province, the Nenets autonomous area and the Khanty-Mansi autonomous area - regional acts have been adopted on the formation of areas of traditional resource use.
260.In 2013, legislative steps were taken to remove contradictions between articles 95 and 97 of the Land Code of the Russian Federation, under which areas of traditional resource use by indigenous minorities could apply to different types of land in protected areas and facilities, such as land in specially protected nature areas and land designated for nature protection purposes. Taking into account the interests of indigenous peoples, the decision was made to categorize areas of traditional resource use as land designated for nature protection purposes, which is subject to a regime more conducive to the traditional lifestyle of the peoples concerned.
Methodology used to measure the damage caused by companies in areas where indigenous peoples have their traditional habitat
261.In the course of implementing the road map for the sustainable development of the indigenous minorities of the North, Siberia and the Far East of the Russian Federation, and with a view to attaining one of its primary objectives - preserving the native habitat and traditional resource use necessary to sustain and develop the traditional lifestyle of the indigenous minorities of the North, the Ministry of Regional Development of the Russian Federation drafted and approved a methodology for measuring the damage caused to the associations of indigenous minorities of the North by economic and other activities of organizations of all types of ownership and individuals in the areas where the indigenous minorities of the Russian Federation have their traditional habitat and exercise their traditional economic activities (Ministry of Regional Development order No. 565 of 9 December 2009).
262.According to the methodology, the damage caused to the associations of indigenous minorities is measured by a system of qualitative and quantitative environmental indicators (natural systems) and indicators of economic activity, unlike calculation of the losses incurred by land users, in which only economic indicators are used. The methodology caters for the use of standardized (or secondary) indicators for certain types of traditional economic activities.
263.The methodology is based on the principle of corporate social responsibility, to which enterprises active in areas inhabited by indigenous peoples voluntarily commit themselves.
264.While the methodology is recommendatory in nature, it is currently applied by different organizations to compute losses as part of the preparations for the conduct of expert appraisals and public hearings, and during the periods for the allocation of land and the commercial development of land. In accordance with the methodology, estimates are made of the amount of damage incurred by enterprises that depend on traditional resource use, in such localities as the Nenets and the Yamal-Nenets autonomous areas, the Amur province, the Transbaikal territory, the Republic of Sakha and others.
265.In many cases, cash compensation for such losses or for the loss of profits, and compensation in kind (equipment, food, and other items), is provided on the basis of tripartite agreements struck between corporations, regional authorities and indigenous communities.
266.Major enterprises that have concluded such agreements include the oil and gas companies Gazprom Neft, Rosneft, Lukoil, Novotek, Surgutneftegas, BP, Sakhalin Energy Investment Company Ltd., Bashneft, their subsidiaries and other companies. This compensation involves annual multi-million payments to communities or investments in their traditional enterprises. As a rule, the payment schedules are based on the specific needs and requests of the communities.
Participation of indigenous peoples in decisions affecting their rights and interests
267.The institution of commissioners for the rights of ethnic minorities (or ombudspersons) has been created in the Russian Federation, to protect the rights of indigenous minorities, to improve the legislation and ensure its observance by State and local authorities and officials, and to encourage the full and effective participation of indigenous peoples in decisions which affect their interests.
268.To date, posts of commissioners for the rights of indigenous minorities have been established in the Republic of Sakha (Yakutia), Kamchatka territory and Krasnoyarsk territory.
269.In the exercise of their mandates the commissioners are independent and do not report to any public authorities.
270.A vital aspect of their work is ensuring the participation of indigenous peoples and their representatives in decisions that affect them.
271.Representatives of indigenous minorities participate in the elaboration of managerial decisions at federal, regional and local levels. Two representatives of indigenous minorities, Grigory Ledkov and Gulvaira Kutsenko, are members of the Russian Federation President’s Council for Inter-Ethnic Relations, which meets at least twice per year and adopts decisions binding on all State institutions. Representatives of indigenous minorities are members of the expert advisory board for ethnic relations set up under the interdepartmental working group on inter-ethnic relations of the Government of the Russian Federation. They were also actively involved in the national organizing committee for the preparation and conduct of the second International Decade of the World’s Indigenous People, and in regional organizing committees, where they served as focal points for regional activities on this theme.
272.An expert advisory board on the indigenous minorities of the North, Siberia and the Far East of the Russian Federation is in operation under the authority of the Special Representative of the President in the Siberian Federal Area. Matters relating to cooperation with indigenous minority organizations in the Far East Federal Area are considered within the framework of the Interdepartmental Commission on Voluntary and Religious Associations, which reports to the Special Representative of the President in the Far East Federal Area. Representatives of indigenous minorities also serve as members of the Civic Chamber of the Russian Federation and civic chambers of the various regions.
273.Representatives of indigenous minorities serve on the Federation Council and the State Duma, and as leaders and members of regional legislative assemblies. They serve as officials in the executive authorities of the constituent entities of the Russian Federation, and also in local governments. Thus, 46 representatives of indigenous minorities (Khanty, Mansi and Nenets) won election as chief officers and members of the municipal bodies of the Khanty-Mansi autonomous region in the elections held in September 2013. A large number of the elected deputies who represent indigenous minorities are members of the voluntary association Spasenie Yugry (“Yugra Salvation”).
274.A board of duly authorized representatives of indigenous minorities has been set up in Khabarovsk territory. The post of indigenous minority representative has been created in the Sakhalin Provincial Duma. Representatives of voluntary associations of these ethnic groups, including the Association of Indigenous Peoples of the North, Siberia and Far East of the Russian Federation, are members of international organizations and serve as observers in a number of intergovernmental bodies.
275.In this way, a fully-fledged system has been set in place for the participation of indigenous minorities in vital decision-making processes and public monitoring of the implementation of those decisions.
276.Upon the conclusion in 2014 of the second International Decade of the World’s Indigenous Peoples, the Russian Federation submitted its report on experience gained in the sustainable development of the indigenous minorities of the Russian Federation. The report is annexed to the present report.
Information on the situation of the Shor indigenous minority in the Myski municipal area of Kemerovo province
277.In 2011, a residents’ pressure group from the village of Kazas submitted a request to the chair of the Association of the Shor People, Mikhail Tunekov, for assistance in organizing the relocation of residents of Kazas to well-appointed apartments, since Kazas was situated in an area surrounded by open-pit coal mines. This letter was redirected to the Association of Indigenous Peoples of the North, Siberia and Far East of the Russian Federation and subsequently to the President of the Russian Federation, Dmitry Medvedev.
278.Open-pit coal mining is conducted in the vicinity of Kazas by a number of mining concerns: Yuzhnaya, Yuzhny Kuzbass (the Sibirginsk and Krasnogorsk mines), and Mezhdurechye (the Mezhdurechensk mine). Of these mining concerns, the concessions operated by Yuzhnaya are the closest to the village of Kazas.
279.Yuzhnaya operates its mines on the basis of the license KEM No. 13273 TE of 1 September 2005, issued by the Federal Agency for Subsoil Resources, in Moscow. Under the terms of the licence, the borders of the cordon sanitaire are to be 1 kilometre from the borders of the mining concession, placing the village of Kazas an estimated 500-700 metres outside the cordon sanitaire.
280.On the instructions of the Special Representative of the President of the Russian Federation in the Siberian Federal Area, Viktor Tolokonsky, a check was carried out in Kemerovo province of the circumstances alluded to by the residents of Kazas. On 31 July 2012, a meeting was called with the attendance of the head of the Kemerovo provincial office of the Federal Service for Oversight of Natural Resource Use, Sergey Vysotsky, and the head of the interregional division of the South Siberia office of the Federal Service for Environmental, Technological and Nuclear Oversight, Aleksandr Mironenko, to discuss the issue of environmental infringements caused by the open-pit coal mines. The meeting participants drafted a consolidated proposal: given the proximity to the village of Kazas of several large coal mines and the impossibility of their closure, it was recommended that the inhabitants of the village should be relocated to an area suitable for habitation.
281.On 10 August 2012, in response to this decision, an agreement was reached between the administration of Myski municipal area and the management of Yuzhnaya, setting out the procedure for the resettlement of the Kazas villagers. A standing working group was set up, comprising representatives of the municipal administration in office at the time the decision was taken and whose term of office has since expired, Vladislav Tannagashev, a member of the Myski municipal council, and V.A. Boriskin, the Kazas village headman.
282.On 15 December 2012, a town-hall meeting of the residents of Kazas was held in the Myski municipal cultural centre, at which the villagers voted by an absolute majority (77.28 per cent) to accept the decision to relocate the residents of Kazas, by agreement with the Yuzhnaya coal mining company, and thereafter to eliminate the village of Kazas.
283.Yuzhnaya offered to compensate the villagers for their homes at the following rate: 31,713 roubles per square metre for their houses (the cost of property in newly erected apartment buildings in the Myski municipal area is 29,600 roubles per metre); to pay them 20,000 roubles per sotka (1 hectare = 100 sotkas) for their plots and cultivated land (10 times the cadastral valuation for the Myski municipal area); and 6,120 roubles per square metre for non-residential structures on their properties.
284.According to the figures from the office of the Federal Migration Service in the city of Myski, with responsibility for Kemerovo province, as at 1 September 2012, 57 persons were registered in the village of Kazas. Following acceptance of the agreements of sale with the house owners, the number of registered residents of Kazas increased to 84. It should be noted that virtually no one actually lived in Kazas: the village was a summer resort.
285.On 24 December 2013, the Myski municipal area council of people’s deputies met to consider the situation of Kazas and decided to allocate land for the relocation of the village to a more suitable area, with the aim of providing plots of land to natives of Myski municipal area. By its decision No. 103-P of 29 January 2014, a working group was appointed and assigned the task of processing the relocation of the village. The working group makes weekly trips to the village to monitor the situation. Even though only three of the houses in Kazas were situated within the cordon sanitaire around the Beregovoy concession operated by Yuzhnaya, the company agreed to assist all villagers who wished to relocate. As at 1 April 2014, Yuzhnaya had concluded 40 agreements of sale for homes and parcels of land and on the demolition of houses, to a total amount of compensation of 84,000,735 roubles.
286.The Myski municipal association Shoriya has repeatedly invited the managing director of Yuzhnaya, Ilgiz Khalimov, to report back on the resettlement of the Kazas villagers. The association has recognized the work accomplished by the company in this regard as satisfactory, and that all the undertakings in the agreement have been fully met.
287.Currently, five house-owners, who use their houses for summer residence only, are refusing to sell them at the prices proposed by Yuzhnaya, and are demanding significantly higher prices. All the other villagers have been resettled in well-appointed apartments or detached houses.
288.Yuzhnaya is willing to negotiate the purchase of the remaining five plots with the people of Kazas, but is being obstructed in this endeavour by the citizens Vladislav Tannagashev and Yury Bubentsov, who own summer properties in the village and are urging the remaining house-owners to inflate their prices. Although no one is actually living in the village, the access road is kept open, utilities are still provided and the cemetery is maintained. In consultation with the indigenous population, it has been decided to relocate the shrine from the Kara-Kash mountain to the new village site, to ensure continuity in the performance of religious rites. Work is under way to transfer land to municipal ownership.
289.The village of Chuvashka in the Myski municipal area is included on the list of areas of traditional habitat and traditional economic activities of the indigenous minorities of the North, Siberia and Far East of the Russian Federation, approved by government order No. 631 of 8 May 2009.
290.The Kemerovo provincial authorities and those of the Myski municipal area are giving particular attention to developing the infrastructure of the village. The village has a rural club, a shop, an office for the delivery of post and payment of pensions, and a park with recreational facilities, where festivities are held. On 3 November 2013, the Ene Tag Shor cultural and spiritual centre was officially opened in Chuvashka. Shamanic ceremonies and traditional Shor activities are held at the centre and work is under way on the design of an ethnotourism area.
291.Outreach centres are being opened in areas where the indigenous minorities of Kemerovo province have their traditional habitat. Headmen have been elected on a voluntary basis in all villages inhabited by the indigenous minorities of Kemerovo province (the Shors and the Teleuts).
292.The Kemerovo provincial authorities are carrying out systematic and sustained work with indigenous minorities (Shors and Teleuts) designed to raise their educational status, to help preserve their culture and tradition, and to develop the infrastructure in the areas where they have their traditional habitat and exercise their traditional economic activities. The Kemerovo provincial department of culture and ethnic policy and the Association of the Shor People have concluded a cooperation agreement for the conduct of joint socially relevant and cultural activities. No instances of intimidation and threats against Shor activists have been established. Business-like and cordial mutual relations have been forged with all the leaders and activists of the Shor social movement.
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293.In the Russian Federation, support is provided for projects by national voluntary associations aimed at strengthening inter-ethnic cooperation and preventing the proliferation in any form of ideas of racial intolerance. A number of autonomous ethnic and cultural associations and other communities of the peoples of the Russian Federation are involved in organizing and participating in the measures mounted by the authorities. Pursuant to Federal Act No. 440 of 22 December 2014, activities directed towards the social and cultural adaptation and integration of migrants were categorized as socially oriented activities, which means that non-profit organizations engaged in such activities are eligible for support from the public authorities for the implementation of their projects.
294.Over the period from 2013 to 2015, the Ministry of Economic Development supported such socially oriented non-profit organizations by allocating grants to those which were nationwide foundations and by providing budget funding to regional non-profit organizations. In 2013 the Ministry of Economic Development provided subsidies from the federal budget to 49 constituent entities of the Russian Federation for the conduct of programmes in support of socially oriented non-profit organizations, to the tune of 630 million roubles. Of this total, 7 per cent, or 43.8 million roubles, was earmarked for organizations promoting inter-ethnic cooperation. In 2014, a total of 62.6 million roubles was allocated for their support, accounting for 9.5 per cent of the total grants allocated.
295.In 2015, 55 constituent entities of the Russian Federation received such subsidies from the federal budget for the support of socially oriented non-profit organizations, totalling 621 million roubles, including for the promotion of inter-ethnic cooperation.
296.In particular, support was provided to the Federal Jewish Ethnic and Cultural Autonomous Association, the Assembly of the Peoples of Russia, the PSP-Fond — a charitable foundation for the support and promotion of social outreach projects — in St. Petersburg, Vera — a women’s voluntary association for the support of migrants — in Belgorod region, and others.
297.Grant support is also provided through the Office of the President of the Russian Federation. In 2015, a total of 4.228 billion roubles was allocated in grants to non-profit organizations carrying out socially advantageous projects and projects for the protection of human and civil rights and freedoms. All non-profit organizations can apply for such grants, including those listed in the register of so-called “foreign agents”.