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COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF THE RUSSIAN FEDERATION
04 August 2008
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Committee on the Elimination
of Racial Discrimination
4 August 2008
The Committee on the Elimination of Racial Discrimination has considered the eighteenth and nineteenth periodic reports of the Russian Federation, submitted in one document, on how that State party is fulfilling its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.
Maksim Travnikov, Deputy Minister in the Ministry of Regional Development of the Russian Federation, introducing the report and responding to written questions submitted in advance by the Committee, said that, as of 2002, the State had taken on a great deal of work in order to eliminate racial discrimination. The federal and regional legislation had taken this into account, and the Government had engaged in considerable debate on law enactment with civil society, despite differences. In defending the ethnic minorities, the State had pursued work within the framework of the Council of Europe. The Government had also undertaken the monitoring of media to detect instances of racism and to combat racial discrimination. On the question of granting citizenship to people from former Soviet Republics, a special State programme had been adopted to assist with the return of ethnic Russians who were abroad and former citizens of the Soviet Union who wanted to apply for citizenship. Internally displaced persons from Chechnya had also been dealt with and efforts had been undertaken to further the economic and social development of the Chechen Republic. Major reforms had been made in the social sphere, with major improvements in infrastructure, and a new welfare policy which focused on the rights, freedoms, and opportunities of the person.
In preliminary concluding remarks, Linos-Alexandre Sicilianos, the Committee Expert serving as Rapporteur for the report of the Russian Federation, said that the delegation responded to a number of questions with detail, among other things, the root causes of racism; the set of definitions for racial discrimination; access to citizenship; the need to pursue hate speech including the internet sites abroad; the status of the Cossacks being not a ethnic group as such; the policy concerning the emigration to United States of America; and the replies concerning repressed persons. The establishment of the Ministry of Regional Development and the Department on the Inter-Ethnic Organizations were welcomed. Further noted were positive, affirmative action measures taken by the State regarding the Roma. Also noted was the fact that the small indigenous peoples of North Siberia, with a population of 250,000, were the most discriminated against.
Questions raised by Committee Experts included, amongst other things, the status and rights of small indigenous people in North Siberia and the Far East of the country; human rights and anti-racial discrimination training programmes for law enforcement officials; acquisition of citizenship for former Soviet citizens; the incorporation of article 1 of the Convention on the definition of racial discrimination; the status of the Cossacks; Inter-ethnic relationships; regulations and legislation on migrants; bodies dealing with racial discrimination, specifically the President’s Council and the Ombudsman Office and the communications received; education policies for small indigenous people; the statistics pertaining to the activity of extremist organizations; and the status and rights of asylum seekers and refugees.
The Committee reviewed the report of the Russian Federation over two meetings and will issue its concluding observations and recommendations at the end of the session on 15 August.
The Russian Federation is one of the 173 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination and is obligated to submit periodic reports on implementation of the provisions of the Convention. It is also one of the 53 States parties who have recognized the competence of the Committee under article 14 of the Convention to consider communications from individuals or groups of individuals claiming to be victims of a violation by States parties of any of the rights set forth in the Convention.
The Russian Federation’s delegation, which presented the report, included representatives from Ministry of Regional Development; the Ministry of Foreign Affairs; the Ministry of Justice; the Ministry of the Interior; the Federal Service of Supervision in the Sphere of Mass Communications; the Ministry of Culture; the Ministry of Education and Science; the Ministry of Sports, Tourism and the Youth Policy; the Department for Supervision over Execution of Legislation of Federal Security, Interethnic Relations and Combating Extremism; the Department of International Cooperation; the Federal Migration Service; and the Permanent Mission of the Russian Federation to the United Nations Office at Geneva.
When the Committee reconvenes at 3 p.m. it will begin its thematic discussion on the subject of Special Measures (affirmative action).
Report of the Russian Federation
The 1993 Constitution of the Russian Federation bans all forms of discrimination notes the eighteenth and nineteenth periodic reports of the Russian Federation, submitted in one document (CERD/C/RUS/19), and article 29, states: “Propaganda or campaigns fomenting social, racial, ethnic or religious hatred or enmity are prohibited”. The advocacy of social, racial, ethnic, religious or linguistic superiority is likewise forbidden. As a matter of national policy, the Russian Federation attaches particular importance to developing and updating legislation to afford legal protection to each ethnic cultural community. Among developments in combating racism and racial discrimination, in partnership with the Moscow Helsinki Group, the Russian Federation organized the forum entitled “Children against fascism, war and terrorism” from 26 to 27 March 2003, which dealt with topics such as manifestations of inter-ethnic tension and the growth of nationalist and xenophobic attitudes in the country. The Social Forum of the Russian Federation, created in 2006, proactively combats all forms of nationalism and intolerance. The Russian Federation also participated in the European Expert Meeting on Combating Racism, Xenophobia, Discrimination and Related Intolerance in Europe on 20 and 21 March 2003, organized by the Moscow Bureau of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the Division of Human Rights and Fight against Discrimination based at UNESCO Headquarters in Paris.
Furthermore, pursuant to Presidential Decree No. 1417 of 6 November 2004, the Presidential Commission on Human Rights has become the Presidential Council for Promoting the Development of Civil Society Institutions and Human Rights. It comprises 33 experts with the technical competence to draft coherent policy in any given area, drawing on a wide network of voluntary organizations and the facilitation measures taken to normalize the social and political situation in the Chechen Republic. Pursuant to the President’s instructions issued at his meeting with the Commission for Human Rights on 10 December 2002, a working group drawn from members of the Commission and representatives of the President twice visited the Chechen Republic and the Republic of Ingushetia –from 26 to 29 December 2002 and from 7 to 8 February 2003 – to familiarize themselves with the situation in temporary residence centres for internally displaced persons from the Chechen Republic. Moreover, the Federal Act No. 102-FZ of 4 July 2003, amending and supplementing the Federal Act on basic safeguards of Russian citizens’ electoral rights and right to take part in referendums, provides that, when forming electoral districts, the degree of deviation from the average norm of voter representation in areas with large indigenous populations may be increased.
Presentation of Report and Response to Written Questions Submitted in Advance
MAKSIM TRAVNIKOV, Deputy Minister in the Ministry of Regional Development of the Russian Federation, introducing the report and responding to written questions submitted in advance by the Committee, said that, as of 2002, the State had taken on a great deal of work in order to eliminate racial discrimination. The federal and regional legislation had taken this into account, and the Government had engaged in considerable debate on law enactment with civil society, despite differences. There were positive experiences as a result of various steps taken such as the creation of the Civil Forum 2005. As a result the Social Forum and regional forums had been set up to facilitate regional dialogue between the Government and civil society. In defending the ethnic minorities, the State had also pursued work within the framework of the Council of Europe, and in 2005 the State had presented its report in Strasbourg with the next report due in 2009. The Russian Federation attached great importance to its interaction with the Council of Europe and it had ratified the European Charter for Regional or Minority Languages. The Government had also undertaken the monitoring of media to detect instances of racism and to combat racial discrimination.
On the question of granting citizenship to people from former Soviet Republics, Mr. Travnikov said a special state programme had been adopted to assist with the return of ethnic Russians who were abroad and former citizens of the Soviet Union who wanted to apply for citizenship and under the programme were allowed to do so only after they have resided in the State for six months. Internally displaced persons from Chechnya had also been dealt with and efforts had been undertaken to further the economic and social development of the Chechen Republic. The $5 billion provided for social and economic development and the rebuilding of the Republic had resulted in the return of many to that region.
Mr. Travnikov also noted that various steps had been taken on the training of law enforcement bodies in the Russian Federation, and that efforts had been made to involve representatives of civil society and minorities in these areas of reform. All measures taken by the State were in full compliance with human rights. Training programmes were set up for staff of the Interior Ministry who were to be sent to the Northern Caucasus to learn the culture and traditions of the people living there to avoid any conflict which might arise on the basis of ignorance of their traditions. The State was seeking to make improvements in this area for the Cossacks as well. In the Russian Federation for many centuries people of different ethnic identities had lived in harmony. The State had been trying to protect human rights regardless of any ethnic grounds and there were a number of positive experiences of interethnic and intercultural dialogue. The Russian Federation was a unique cultural space total of more than 145 million persons made up of 160 different ethnic groups, with 27 per cent living in rural areas and 63 per cent in urban areas.
Major reforms had been made in the social sphere, with major improvements in infrastructure, and a new welfare policy which focused on the rights, freedoms, and opportunities of the person, Mr. Travnikov continued. The improvement of the economic situation and improvement of wages for civil servants both at federal and regional levels had helped to improve the quality of life for all citizens. These economic, political and social reforms ensured stability and unity throughout the Russian Federation. There was only one way forward, a way that included an effective system of education with the aim to educate respect for difference and understanding and acceptance of others religions, traditions and cultures. No other approach was possible if the country were not to collapse.
The improvement of the legal system and, in particular, legislation was ongoing, Mr. Travnikov said. The Russian Federation’s international commitments, the Constitution, federal laws principally on cultures, the law on associations and the law on freedom of conscience and religion, among other things, all provided for the preservation of ethnic cultures, religion and the ethnic press. These laws were also aimed at countering any terrorist or extremist activity. Anti-discrimination measures were also protected under the aforementioned laws and particularly dealt with labour, education, health care, legal proceedings, culture and other such areas. The International Convention on the Elimination of All Forms of Racial Discrimination, including its definition of discrimination, was part and parcel of the Russian Constitution, and the Convention was directly applied in domestic law. Moreover, if a domestic law was in contradiction with any of the Russian Federation’s commitments under an international instruments to which it was a party, the courts were obliged to apply the provisions of those international instruments and agreements automatically.
On policies to combat racism and racial discrimination with regard to State and non-State actors, the regional body set up in September 2004 to develop State approaches on ethnic and interethnic relations and small indigenous peoples was one example at the national level of how the State was handling this issue. The Ministry of Culture, Education and Science, Justice and Internal Affairs also played important roles in the policy development to combat racism and racial discrimination.
The Commissioner for Human Rights referred to as the Ombudsman’s Office ensured guarantees for the defence of human rights and received individual complaints. The function of the Ombudsman was independent and was not accountable to any State bodies. The Ombudsman was successful in resolving interactions between civil society and the Government. There was also a good system for the representation of civil society, with over 150,000 civil society organizations currently in operation in the country, Mr. Travnikov pointed out.
Turning to the Social Forum, Mr. Travnikov said it was designed to assist the local authorities in the implementation of programmes to combat racism and racial discrimination. The federal authorities held ongoing consultations and supported other working contacts with the Social Forum, as well as domestic and international human rights organizations. To enhance these efforts, the Ministry of Regional Development had set up the Advisory Council on the affairs of autonomous ethnic cultural organizations and the Interdepartmental Commission for cooperation with ethnic voluntary associations. In addition, the Ministry was drawing up agreements with the Assembly of Peoples of Russia and the Association of Small Indigenous Peoples of the North, Siberia and the Russian Far East in order to improve cooperation when implementing joint ethnic cultural projects. The Advisory Council also attached importance to the work of the media and followed closely the work of the media to ensure that there was no discrimination.
There were 45 different ethnic groups comprising the smaller indigenous people who were living in the north of Siberia and the far east of the country, Mr. Travnikov said. The Government was committed to the preservation of these smaller indigenous peoples the matter of preserving the smaller peoples in the North Siberia and the Russian Far East. These people were recognized in 2000 with a federal law on the general principles of the organization the people in North Siberia and the Far East. A number of policies and programmes had been set-up for the improvement of the economic, political and social welfare of these people, while at the same time preserving their unique identities and cultures. Further, legal and financial mechanisms such as the proposed 2009 federal budget granting $25 million annually – three times more than in 2007 and 2008 – to these small indigenous peoples residing in the north of Siberia and the far east region in the Russian Federation.
Murder on the basis of racial or ethnic hate was of the gravest of cases tried under the Criminal Code in 2007 said Mr. Mr. Travnikov. The Supreme Court heard cases on 1,143 people during the period from 2004 to 2007, in courts from 46 regions. These crimes were tried under terrorism acts. Racist and xenophobic nationalism in the Russian Federation was being addressed in consultation with civil society. Curbing any violations of racist, xenophobic and discriminatory acts was of great importance to the Russian Federation. This also included and applied to all the media outlets.
Finally, the Durban Declaration and Programme of Action was a priority of the Government, Mr. Travnikov said. The Russian Federation was strongly committed to combating all forms of discrimination, including all its modern forms, to allow for the full enjoyment of freedoms and rights for its people.
Oral Questions by Committee Experts
LINOS-ALEXANDER SICILIANOS, the Committee Expert serving as Rapporteur for the report of the Russian Federation, said that, welcomed the Russian Federation’s definition of racial discrimination, which was included in the Criminal Code, and noted that it went beyond the requirements set out in article 1 of the Convention. He asked for specific examples of how it was applied. There was no substantial information in the written report with regard to the representation of the ethnic minorities in the Government, and the delegation was asked to elaborate on that issue.
On the institutional framework for the elimination of racial discrimination, the written report mentioned that, on 6 November 2004, the Presidential Commission on Human Rights had become the Presidential Council for Promoting the Development of Civil Society Institutions and Human Rights and had considered 18,000 communications. More information would be appreciated on the numbers of staff and the budget allocated to the Council, and whether it had been accredited in accordance with the Paris Principles. Also, what was the relationship between the Council and the Ombudsman’s Office? In that connection, how many Ombudsman Offices had been set up and in which regions?
With regard to article 4 of the Convention (prohibition of racist propaganda and organizations), a number of measures had been taken. The federal legislation of 2002 on acts of extremism had resulted in a number of convictions. However, as reported by Amnesty International and a United Nations Special Rapporteur’s report in 2007, there had been an increase in racially motivated violence in the Russian Federation. Another concern was the evidence that racist discourse was held openly on the Internet, well-established publishing houses and in other mainstream media outlets. Mr. Sicilianos requested more information on this issue.
On asylum-seekers and refugees, according to information received by the Committee, refugee status was rarely granted by the Russian authorities, and then only in exceptional cases. Mr. Sicilianos asked for statistics on how many asylum applications were lodged, and how many were accepted, by the authorities.
More information would also be appreciated on the federal legislation of 2003 on temporary measures concerning representation in legislative organs of the small indigenous peoples living in the in North Siberia and the Russian Far East. Regarding the 2004 legislation on Fishing and Aquatic Activities, Mr. Sicilianos wanted to know how the legislation impacted on indigenous peoples. Further, on the special programme for the indigenous people in the State, the Committee had received information from that the programme had no funding, and that was in direct contradiction with the budget orally presented.
Among the issues and questions raised by Committee Experts, an Expert noted that the status of the Roma was of great concern, and asked for further details on measures to integrate them. A concern raised by a number of Experts was the discrepancies between the State’s report and those provided to the Committee by non-governmental organizations. Other concerns included the need to balance policies to combat extremist behaviour with the need to protect the individual’s human rights; steps taken regarding human rights education for law enforcement officers and enforcement of convictions for law enforcement officers who were perpetrators of acts of racism and racial hatred; the timelines, conditions and guidelines for the granting of citizenship; and statistics on young students who had been victims of racial hatred and violence, given information from various sources that the number of those cases was alarmingly high.
On the use of indigenous peoples land, an Expert asked if they were informed, consulted or received compensation for any use of their lands. It was noted in the oral and written reports that a number of legislative measures made at the local levels were discriminatory to minorities living in those regions, and it was wondered what was being done to address this. A number of Experts expressed concern about discrimination against so-called “dark skinned” people in Russia, and the rapid increase in neo-Nazism movements. With regard to the Ombudsman Office, an Expert asked if the service was extended to indigenous people and it was recommended that an Ombudsman Office be established to look after the rights of the 280,000 indigenous persons in the State. On the Criminal Code, an Expert noted with concern the penalties for acts of racism and racial discrimination were not sufficiently strong, and that, in the order in which the punishments given, imprisonment was closer to the bottom. Given the severity of crimes of hatred against others on the basis of race, ethnic origin, or religion, that was cause for concern.
Response by Delegation to Oral Questions
In response to oral question raised by Committee Experts, in particular with regard to the roots of a number of problems facing the State in combating racism, the delegation said that during the period of the Soviet Union there had been no manifestations of racism or xenophobia. The roots of the problems confronting the State today had to do with people’s attitudes, and the changed system of values. The decline in the standard of living in the 1990s had led to a feeling of loss. The State had been invested in prioritizing education and the social life of its people. Regarding the acute rise of neo-Nazi groups, the delegation was particularly heartened by the corresponding rise in the number of convictions. The increased activity of societies and State agencies had also led to the increased discussion that had been taking place in the State regarding racism, xenophobia and racial discrimination.
On discrimination in the labour sphere, the delegation said that, according to article 3 of the Labour Code no person could be limited in their rights based on, among other things, sex, race, origin, language, religion, and political convictions. Further, article 2 established the main principles of labour rights and was in line and compliance with the provisions of a number of international instruments on the elimination of racism and racial discrimination. It was also noted that the burden of proof in a civil trial was distributed equally.
On the acquisition of citizenship, aliens and stateless persons were able to exercise their rights and freedoms, the delegation said. The Russian Citizenship Act prescribed general and simplified procedures for acquiring Russian citizenship, in addition to procedures for changing one’s citizenship and obtaining a residence permit. There were a number of conditions under the general procedure for acquisition of citizenship, for example, if a person had one parent who was Russian and living in the State or if the person had one parent who lived in Russia or States of the former Soviet Union and had not received citizenship and as such had remained stateless. Under the simplified procedure a numbers of criteria were noted, including that a person could apply for citizenship if the person was married to a Russian for at least three years.
With regard to concern raised by the Rapporteur on the role of bodies dealing with racial discrimination, namely the Presidential Council (2004), the delegation said it was designed to promote human rights, and was considered to be a direct link between the Government and civil society. The Chair of the Council had direct contact with the President. The Council received communications from a number of organizations. The Office of the Ombudsman, which was staffed with 200 people, provided administrative assistance to the Council. Pursuant to the national legislation, communications were received and action was taken by the Ombudsman Office, with 30,000 complaints received to date. In order to ensure compliance with actions taken on communications over $6.5 million had been allocated for staff and resources.
On the concerns with regard to the monitoring of the media in the area of incitement of racism and racial hatred, the delegation said that, in 2006, 16 warnings had been issued; in 2007, 24 warnings had been issued; and, at the beginning of 2008, media outlets had received 14 warnings for incitement to ethnic and religious hatred. Warnings against the misuse of media were applied to a number of respectable media outlets. Any publication – including information on a crime based on racism or racial hatred – had to be confirmed by the Public Prosecutor’s Office. Action had been taken in coordination with local non-governmental organizations on matters pertaining to the promotion of religious and racial intolerance. In addition, the Public Prosecutor’s Office had a special committee set up, which included a variety of members from civil society, non-governmental organizations, academia and Government officials, to ensure that the it was informed immediately when a case had occurred.
Regarding concerns on the status of Cossacks, the delegation said the Cossacks were not an ethnic group. Specifically, they were considered a socio-ethnic group. As a result they could not be the object of racism and xenophobia. Any citizen of Russia could become a Cossack, through membership in any Cossack organization. There were approximately 500,000 to 600,000 Cossacks in the State. Those people had the right to participate within the State through a number of State services, such as public orders, the protection of natural resources and other such activities. It was noted, further, that many Cossacks were at the head of local governments. A total of 140,000 Cossacks were involved in the service sector. Cossacks participated in military services, and there was also a special unit called the 204th Cossack Military Brigade. Furthermore, there was no difference between Cossacks and other citizens in the State in terms of the measures taken in prosecution for a violation of State law.
With regard to concerns on the rights of small indigenous peoples, as a matter of national policy the Russian Federation attached particular importance to developing and updating legislation to afford legal protection to each ethnic cultural community, the delegation said. In order to guarantee the meaningful ethnic and cultural development of the peoples of the State, and to resolve issues affecting inter-ethnic cooperation and partnership with religious organizations, the Ministry of Regional Development of the Russian Federation had been created by Presidential Decree in September 2004. It was given jurisdictional authority over nationalities policy. The Ministry was empowered to devise national policy and to draft laws and regulations affecting the social and economic development of the states of the Russian Federation, federal-ethnic relations, and protection of the rights of ethnic minorities and the native habitats and traditional lifestyles of small indigenous peoples and ethnic communities. The Russian Federation was constantly refining its nationalities policy. In particular, the Ministry of Regional Development was investing considerable effort in harmonizing inter-ethnic relations, preserving cultural diversity, and combating racial discrimination, xenophobia and intolerance.
Further, the delegation noted that the small indigenous peoples were a national minority, and had special rights granted to them which could be viewed as positive discrimination with regard to the Convention. In addition, there had been an 18 per cent growth rate between the years 1979 to 2002 of the small indigenous people in North Siberia. As of 2009, a separate subsidy had been devoted to sustainable economic development of small indigenous peoples. The aim, among other things, was to reduce enfant mortality and increase the level of income. The regions were also obliged to ensure additional funding from their own budgets. The volume of financing for was over $500 billion.
With regard to the application of law in the regions where small indigenous people lived, the delegation said that there were two regions set up for small indigenous people. These regions were comprised of 14 special territories in the Habarus region. These lands were designated to lead to a more effective application of the federal laws. Education was noted as a Government priority within the regions in which the small indigenous peoples lived. For example it was noted that 600 schools were present in North Siberia with over 700,000 children educated in more than 23 native languages of the small indigenous peoples. A lot of work had been done to train teachers for the education of the small indigenous peoples. Further, the small indigenous peoples were represented and took part in the political structures of the State.
On the question on internally displaced persons, the delegation observed that this category included a lot of the various ethnic groups present in the Russian Federation. With regard to Chechnya a significant amount of money had been allocated for the rebuilding of the Republic; specifically, $5 billion, with 25 per cent of that funding allocated for the rebuilding of housing. Of special note was the achievement of voluntary returns of 30,000 in 2006 and in 2007 just over 60,000 people had returned to the area. That work had been based on the recommendations and guidelines issued by the Secretary-General’s special representative, who had repeatedly visited the Russian Federation and the Chechnyan Republic. Most of the efforts had focused on economic and social assistance, especially on housing. As part of the Federal Target Programme to rehabilitate the Chechen economy, compensation had been paid out for the loss of housing. In pursuance of the directives of the Russian President, international cooperation was undertaken between Russia and the Georgian national and local authorities for the people who were forced to the leave Russia for Georgia, which had allowed for the voluntary return of the 300 people, and the State hoped to develop that relationship further. That cooperation had taken place under the monitoring of the United Nations Refugee Agency, and no violations had been noted by that body.
On the question of citizenship of the Russian Federation, the delegation said that in addition to the legal norms and problems mentioned, statistics were also necessary. Under article 15 of the immigration legislation, 244,000 persons in 2006 and 57,606 persons in 2007 had applied for citizenship under the rights granted by article 15. A total of 60 per cent of all those who applied for Russian citizenship were former citizens of the Soviet Union.
The delegation said that 25 million people crossed the borders of the Russian Federation annually. At any given moment a total of 3 million foreigners crossed the borders. There was quite significant migratory status in the State and as such that circumstance required significant migratory policies. The ideology behind the creation of such policies was to assist the procedure as much as possible with regard to migratory accounting within the State. Furthermore, it was mandatory to register each migrant at the respective regions in the State who had crossed their borders. Upon the arrival of a foreigner the State required a report to be submitted within a 3-day period, and it was a means of notification only.
Further Oral Questions Posed by Experts
A Committee Expert noted with concern the relationship between business corporations and indigenous people, in particular considering the current environmental challenges facing the world. On education, to what extent were educational programmes developed and implemented with the cooperation of indigenous people, and was there any sense in the State of the progressive transfer of responsibility of education programmes to the indigenous people? More information was also regarded with regard to the “laboratory” for integration of the Roma, and to what extent, if any, did Russian language proficiency play a role in the testing of children for eligibility of entering the education system?
An Expert asked the delegation to include specific statistics with regard to existing anti-discrimination legislation. For example, regarding hate crimes, how many had been reported, had they been successfully prosecuted, had they been acquitted? They would be helpful in identifying the challenges and successes that the State was able to make.
Replies by the Delegation
Responding to questions, with regard to the roots of racist crimes, the delegation said that, unfortunately, it was young people who were most involved in racist and xenophobic movements, as had been regrettably noted. The reasons behind that were objective and not merely subjective, although that did not mean that they were irreconcilable, and thus the State had been doing everything possible to engage that particular age group and to provide financial and educational support to the non-governmental organizations and movements most involved in attracting young people in their activities to counter racism and racial discrimination.
On the question raised with regard to the small indigenous people, the position of the Government was to stimulate the corporations to seek appropriate decisions with the people living on the territories, said the delegation. Not a single project had been carried out without consultations of organizations representing the small indigenous people.
The Federal educational standards regulated two thirds of the education system, the delegation replied in response to questions with regard to small indigenous peoples involvement in their educational programmes. The Russian Academy had experts who had been developing a new draft for the federal education status aimed at further development of the ethnic languages of the indigenous people. The Ministry of Education, as part of the federal programme for the development of education, made available grants for textbooks, and more importantly models for education in which those people could partake in the development of specific educational programmes they had designed.
Preliminary Concluding Observations
LINOS-ALEXANDER SICILIANOS, the Committee Expert serving as Rapporteur for the report of the Russian Federation, said that the delegation responded to a number of questions with detail, amongst other things, regarding the root causes of racism in Russia; the set of definitions for racial discrimination; access to citizenship; the need to pursue hate speech, including via the Internet; the status of the Cossacks being not a ethnic group as such; the policy concerning emigration to United States of America, and replies concerning repressed persons. The establishment of the Ministry of Regional Development and the Department on the Inter-Ethnic Organizations were welcomed.
Further, Mr. Sicilianos noted the delegation’s responses to the concerns and questions on the settlement of the Roma, and the positive, affirmative action, measures taken by the State in that regard. He noted that the small indigenous peoples of the North with a population of 250,000 people were the most discriminated against. A lot of replies had been heard on internally displaced persons, migration policies, the issue of citizenship where 60 per cent of the former citizens of the Soviet Union had been granted citizenship in the State, which was a very important statistic for the Committee to consider. Further information on the issue of registration of children and the issue of youth extremism was also offered by the delegation. It had been a very rich and fruitful dialogue and time was needed to conclude observations on the information provided.
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For use of the information media; not an official record
of Racial Discrimination
4 August 2008
The Committee on the Elimination of Racial Discrimination has considered the eighteenth and nineteenth periodic reports of the Russian Federation, submitted in one document, on how that State party is fulfilling its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.
Maksim Travnikov, Deputy Minister in the Ministry of Regional Development of the Russian Federation, introducing the report and responding to written questions submitted in advance by the Committee, said that, as of 2002, the State had taken on a great deal of work in order to eliminate racial discrimination. The federal and regional legislation had taken this into account, and the Government had engaged in considerable debate on law enactment with civil society, despite differences. In defending the ethnic minorities, the State had pursued work within the framework of the Council of Europe. The Government had also undertaken the monitoring of media to detect instances of racism and to combat racial discrimination. On the question of granting citizenship to people from former Soviet Republics, a special State programme had been adopted to assist with the return of ethnic Russians who were abroad and former citizens of the Soviet Union who wanted to apply for citizenship. Internally displaced persons from Chechnya had also been dealt with and efforts had been undertaken to further the economic and social development of the Chechen Republic. Major reforms had been made in the social sphere, with major improvements in infrastructure, and a new welfare policy which focused on the rights, freedoms, and opportunities of the person.
In preliminary concluding remarks, Linos-Alexandre Sicilianos, the Committee Expert serving as Rapporteur for the report of the Russian Federation, said that the delegation responded to a number of questions with detail, among other things, the root causes of racism; the set of definitions for racial discrimination; access to citizenship; the need to pursue hate speech including the internet sites abroad; the status of the Cossacks being not a ethnic group as such; the policy concerning the emigration to United States of America; and the replies concerning repressed persons. The establishment of the Ministry of Regional Development and the Department on the Inter-Ethnic Organizations were welcomed. Further noted were positive, affirmative action measures taken by the State regarding the Roma. Also noted was the fact that the small indigenous peoples of North Siberia, with a population of 250,000, were the most discriminated against.
Questions raised by Committee Experts included, amongst other things, the status and rights of small indigenous people in North Siberia and the Far East of the country; human rights and anti-racial discrimination training programmes for law enforcement officials; acquisition of citizenship for former Soviet citizens; the incorporation of article 1 of the Convention on the definition of racial discrimination; the status of the Cossacks; Inter-ethnic relationships; regulations and legislation on migrants; bodies dealing with racial discrimination, specifically the President’s Council and the Ombudsman Office and the communications received; education policies for small indigenous people; the statistics pertaining to the activity of extremist organizations; and the status and rights of asylum seekers and refugees.
The Committee reviewed the report of the Russian Federation over two meetings and will issue its concluding observations and recommendations at the end of the session on 15 August.
The Russian Federation is one of the 173 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination and is obligated to submit periodic reports on implementation of the provisions of the Convention. It is also one of the 53 States parties who have recognized the competence of the Committee under article 14 of the Convention to consider communications from individuals or groups of individuals claiming to be victims of a violation by States parties of any of the rights set forth in the Convention.
The Russian Federation’s delegation, which presented the report, included representatives from Ministry of Regional Development; the Ministry of Foreign Affairs; the Ministry of Justice; the Ministry of the Interior; the Federal Service of Supervision in the Sphere of Mass Communications; the Ministry of Culture; the Ministry of Education and Science; the Ministry of Sports, Tourism and the Youth Policy; the Department for Supervision over Execution of Legislation of Federal Security, Interethnic Relations and Combating Extremism; the Department of International Cooperation; the Federal Migration Service; and the Permanent Mission of the Russian Federation to the United Nations Office at Geneva.
When the Committee reconvenes at 3 p.m. it will begin its thematic discussion on the subject of Special Measures (affirmative action).
Report of the Russian Federation
The 1993 Constitution of the Russian Federation bans all forms of discrimination notes the eighteenth and nineteenth periodic reports of the Russian Federation, submitted in one document (CERD/C/RUS/19), and article 29, states: “Propaganda or campaigns fomenting social, racial, ethnic or religious hatred or enmity are prohibited”. The advocacy of social, racial, ethnic, religious or linguistic superiority is likewise forbidden. As a matter of national policy, the Russian Federation attaches particular importance to developing and updating legislation to afford legal protection to each ethnic cultural community. Among developments in combating racism and racial discrimination, in partnership with the Moscow Helsinki Group, the Russian Federation organized the forum entitled “Children against fascism, war and terrorism” from 26 to 27 March 2003, which dealt with topics such as manifestations of inter-ethnic tension and the growth of nationalist and xenophobic attitudes in the country. The Social Forum of the Russian Federation, created in 2006, proactively combats all forms of nationalism and intolerance. The Russian Federation also participated in the European Expert Meeting on Combating Racism, Xenophobia, Discrimination and Related Intolerance in Europe on 20 and 21 March 2003, organized by the Moscow Bureau of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the Division of Human Rights and Fight against Discrimination based at UNESCO Headquarters in Paris.
Furthermore, pursuant to Presidential Decree No. 1417 of 6 November 2004, the Presidential Commission on Human Rights has become the Presidential Council for Promoting the Development of Civil Society Institutions and Human Rights. It comprises 33 experts with the technical competence to draft coherent policy in any given area, drawing on a wide network of voluntary organizations and the facilitation measures taken to normalize the social and political situation in the Chechen Republic. Pursuant to the President’s instructions issued at his meeting with the Commission for Human Rights on 10 December 2002, a working group drawn from members of the Commission and representatives of the President twice visited the Chechen Republic and the Republic of Ingushetia –from 26 to 29 December 2002 and from 7 to 8 February 2003 – to familiarize themselves with the situation in temporary residence centres for internally displaced persons from the Chechen Republic. Moreover, the Federal Act No. 102-FZ of 4 July 2003, amending and supplementing the Federal Act on basic safeguards of Russian citizens’ electoral rights and right to take part in referendums, provides that, when forming electoral districts, the degree of deviation from the average norm of voter representation in areas with large indigenous populations may be increased.
Presentation of Report and Response to Written Questions Submitted in Advance
MAKSIM TRAVNIKOV, Deputy Minister in the Ministry of Regional Development of the Russian Federation, introducing the report and responding to written questions submitted in advance by the Committee, said that, as of 2002, the State had taken on a great deal of work in order to eliminate racial discrimination. The federal and regional legislation had taken this into account, and the Government had engaged in considerable debate on law enactment with civil society, despite differences. There were positive experiences as a result of various steps taken such as the creation of the Civil Forum 2005. As a result the Social Forum and regional forums had been set up to facilitate regional dialogue between the Government and civil society. In defending the ethnic minorities, the State had also pursued work within the framework of the Council of Europe, and in 2005 the State had presented its report in Strasbourg with the next report due in 2009. The Russian Federation attached great importance to its interaction with the Council of Europe and it had ratified the European Charter for Regional or Minority Languages. The Government had also undertaken the monitoring of media to detect instances of racism and to combat racial discrimination.
On the question of granting citizenship to people from former Soviet Republics, Mr. Travnikov said a special state programme had been adopted to assist with the return of ethnic Russians who were abroad and former citizens of the Soviet Union who wanted to apply for citizenship and under the programme were allowed to do so only after they have resided in the State for six months. Internally displaced persons from Chechnya had also been dealt with and efforts had been undertaken to further the economic and social development of the Chechen Republic. The $5 billion provided for social and economic development and the rebuilding of the Republic had resulted in the return of many to that region.
Mr. Travnikov also noted that various steps had been taken on the training of law enforcement bodies in the Russian Federation, and that efforts had been made to involve representatives of civil society and minorities in these areas of reform. All measures taken by the State were in full compliance with human rights. Training programmes were set up for staff of the Interior Ministry who were to be sent to the Northern Caucasus to learn the culture and traditions of the people living there to avoid any conflict which might arise on the basis of ignorance of their traditions. The State was seeking to make improvements in this area for the Cossacks as well. In the Russian Federation for many centuries people of different ethnic identities had lived in harmony. The State had been trying to protect human rights regardless of any ethnic grounds and there were a number of positive experiences of interethnic and intercultural dialogue. The Russian Federation was a unique cultural space total of more than 145 million persons made up of 160 different ethnic groups, with 27 per cent living in rural areas and 63 per cent in urban areas.
Major reforms had been made in the social sphere, with major improvements in infrastructure, and a new welfare policy which focused on the rights, freedoms, and opportunities of the person, Mr. Travnikov continued. The improvement of the economic situation and improvement of wages for civil servants both at federal and regional levels had helped to improve the quality of life for all citizens. These economic, political and social reforms ensured stability and unity throughout the Russian Federation. There was only one way forward, a way that included an effective system of education with the aim to educate respect for difference and understanding and acceptance of others religions, traditions and cultures. No other approach was possible if the country were not to collapse.
The improvement of the legal system and, in particular, legislation was ongoing, Mr. Travnikov said. The Russian Federation’s international commitments, the Constitution, federal laws principally on cultures, the law on associations and the law on freedom of conscience and religion, among other things, all provided for the preservation of ethnic cultures, religion and the ethnic press. These laws were also aimed at countering any terrorist or extremist activity. Anti-discrimination measures were also protected under the aforementioned laws and particularly dealt with labour, education, health care, legal proceedings, culture and other such areas. The International Convention on the Elimination of All Forms of Racial Discrimination, including its definition of discrimination, was part and parcel of the Russian Constitution, and the Convention was directly applied in domestic law. Moreover, if a domestic law was in contradiction with any of the Russian Federation’s commitments under an international instruments to which it was a party, the courts were obliged to apply the provisions of those international instruments and agreements automatically.
On policies to combat racism and racial discrimination with regard to State and non-State actors, the regional body set up in September 2004 to develop State approaches on ethnic and interethnic relations and small indigenous peoples was one example at the national level of how the State was handling this issue. The Ministry of Culture, Education and Science, Justice and Internal Affairs also played important roles in the policy development to combat racism and racial discrimination.
The Commissioner for Human Rights referred to as the Ombudsman’s Office ensured guarantees for the defence of human rights and received individual complaints. The function of the Ombudsman was independent and was not accountable to any State bodies. The Ombudsman was successful in resolving interactions between civil society and the Government. There was also a good system for the representation of civil society, with over 150,000 civil society organizations currently in operation in the country, Mr. Travnikov pointed out.
Turning to the Social Forum, Mr. Travnikov said it was designed to assist the local authorities in the implementation of programmes to combat racism and racial discrimination. The federal authorities held ongoing consultations and supported other working contacts with the Social Forum, as well as domestic and international human rights organizations. To enhance these efforts, the Ministry of Regional Development had set up the Advisory Council on the affairs of autonomous ethnic cultural organizations and the Interdepartmental Commission for cooperation with ethnic voluntary associations. In addition, the Ministry was drawing up agreements with the Assembly of Peoples of Russia and the Association of Small Indigenous Peoples of the North, Siberia and the Russian Far East in order to improve cooperation when implementing joint ethnic cultural projects. The Advisory Council also attached importance to the work of the media and followed closely the work of the media to ensure that there was no discrimination.
There were 45 different ethnic groups comprising the smaller indigenous people who were living in the north of Siberia and the far east of the country, Mr. Travnikov said. The Government was committed to the preservation of these smaller indigenous peoples the matter of preserving the smaller peoples in the North Siberia and the Russian Far East. These people were recognized in 2000 with a federal law on the general principles of the organization the people in North Siberia and the Far East. A number of policies and programmes had been set-up for the improvement of the economic, political and social welfare of these people, while at the same time preserving their unique identities and cultures. Further, legal and financial mechanisms such as the proposed 2009 federal budget granting $25 million annually – three times more than in 2007 and 2008 – to these small indigenous peoples residing in the north of Siberia and the far east region in the Russian Federation.
Murder on the basis of racial or ethnic hate was of the gravest of cases tried under the Criminal Code in 2007 said Mr. Mr. Travnikov. The Supreme Court heard cases on 1,143 people during the period from 2004 to 2007, in courts from 46 regions. These crimes were tried under terrorism acts. Racist and xenophobic nationalism in the Russian Federation was being addressed in consultation with civil society. Curbing any violations of racist, xenophobic and discriminatory acts was of great importance to the Russian Federation. This also included and applied to all the media outlets.
Finally, the Durban Declaration and Programme of Action was a priority of the Government, Mr. Travnikov said. The Russian Federation was strongly committed to combating all forms of discrimination, including all its modern forms, to allow for the full enjoyment of freedoms and rights for its people.
Oral Questions by Committee Experts
LINOS-ALEXANDER SICILIANOS, the Committee Expert serving as Rapporteur for the report of the Russian Federation, said that, welcomed the Russian Federation’s definition of racial discrimination, which was included in the Criminal Code, and noted that it went beyond the requirements set out in article 1 of the Convention. He asked for specific examples of how it was applied. There was no substantial information in the written report with regard to the representation of the ethnic minorities in the Government, and the delegation was asked to elaborate on that issue.
On the institutional framework for the elimination of racial discrimination, the written report mentioned that, on 6 November 2004, the Presidential Commission on Human Rights had become the Presidential Council for Promoting the Development of Civil Society Institutions and Human Rights and had considered 18,000 communications. More information would be appreciated on the numbers of staff and the budget allocated to the Council, and whether it had been accredited in accordance with the Paris Principles. Also, what was the relationship between the Council and the Ombudsman’s Office? In that connection, how many Ombudsman Offices had been set up and in which regions?
With regard to article 4 of the Convention (prohibition of racist propaganda and organizations), a number of measures had been taken. The federal legislation of 2002 on acts of extremism had resulted in a number of convictions. However, as reported by Amnesty International and a United Nations Special Rapporteur’s report in 2007, there had been an increase in racially motivated violence in the Russian Federation. Another concern was the evidence that racist discourse was held openly on the Internet, well-established publishing houses and in other mainstream media outlets. Mr. Sicilianos requested more information on this issue.
On asylum-seekers and refugees, according to information received by the Committee, refugee status was rarely granted by the Russian authorities, and then only in exceptional cases. Mr. Sicilianos asked for statistics on how many asylum applications were lodged, and how many were accepted, by the authorities.
More information would also be appreciated on the federal legislation of 2003 on temporary measures concerning representation in legislative organs of the small indigenous peoples living in the in North Siberia and the Russian Far East. Regarding the 2004 legislation on Fishing and Aquatic Activities, Mr. Sicilianos wanted to know how the legislation impacted on indigenous peoples. Further, on the special programme for the indigenous people in the State, the Committee had received information from that the programme had no funding, and that was in direct contradiction with the budget orally presented.
Among the issues and questions raised by Committee Experts, an Expert noted that the status of the Roma was of great concern, and asked for further details on measures to integrate them. A concern raised by a number of Experts was the discrepancies between the State’s report and those provided to the Committee by non-governmental organizations. Other concerns included the need to balance policies to combat extremist behaviour with the need to protect the individual’s human rights; steps taken regarding human rights education for law enforcement officers and enforcement of convictions for law enforcement officers who were perpetrators of acts of racism and racial hatred; the timelines, conditions and guidelines for the granting of citizenship; and statistics on young students who had been victims of racial hatred and violence, given information from various sources that the number of those cases was alarmingly high.
On the use of indigenous peoples land, an Expert asked if they were informed, consulted or received compensation for any use of their lands. It was noted in the oral and written reports that a number of legislative measures made at the local levels were discriminatory to minorities living in those regions, and it was wondered what was being done to address this. A number of Experts expressed concern about discrimination against so-called “dark skinned” people in Russia, and the rapid increase in neo-Nazism movements. With regard to the Ombudsman Office, an Expert asked if the service was extended to indigenous people and it was recommended that an Ombudsman Office be established to look after the rights of the 280,000 indigenous persons in the State. On the Criminal Code, an Expert noted with concern the penalties for acts of racism and racial discrimination were not sufficiently strong, and that, in the order in which the punishments given, imprisonment was closer to the bottom. Given the severity of crimes of hatred against others on the basis of race, ethnic origin, or religion, that was cause for concern.
Response by Delegation to Oral Questions
In response to oral question raised by Committee Experts, in particular with regard to the roots of a number of problems facing the State in combating racism, the delegation said that during the period of the Soviet Union there had been no manifestations of racism or xenophobia. The roots of the problems confronting the State today had to do with people’s attitudes, and the changed system of values. The decline in the standard of living in the 1990s had led to a feeling of loss. The State had been invested in prioritizing education and the social life of its people. Regarding the acute rise of neo-Nazi groups, the delegation was particularly heartened by the corresponding rise in the number of convictions. The increased activity of societies and State agencies had also led to the increased discussion that had been taking place in the State regarding racism, xenophobia and racial discrimination.
On discrimination in the labour sphere, the delegation said that, according to article 3 of the Labour Code no person could be limited in their rights based on, among other things, sex, race, origin, language, religion, and political convictions. Further, article 2 established the main principles of labour rights and was in line and compliance with the provisions of a number of international instruments on the elimination of racism and racial discrimination. It was also noted that the burden of proof in a civil trial was distributed equally.
On the acquisition of citizenship, aliens and stateless persons were able to exercise their rights and freedoms, the delegation said. The Russian Citizenship Act prescribed general and simplified procedures for acquiring Russian citizenship, in addition to procedures for changing one’s citizenship and obtaining a residence permit. There were a number of conditions under the general procedure for acquisition of citizenship, for example, if a person had one parent who was Russian and living in the State or if the person had one parent who lived in Russia or States of the former Soviet Union and had not received citizenship and as such had remained stateless. Under the simplified procedure a numbers of criteria were noted, including that a person could apply for citizenship if the person was married to a Russian for at least three years.
With regard to concern raised by the Rapporteur on the role of bodies dealing with racial discrimination, namely the Presidential Council (2004), the delegation said it was designed to promote human rights, and was considered to be a direct link between the Government and civil society. The Chair of the Council had direct contact with the President. The Council received communications from a number of organizations. The Office of the Ombudsman, which was staffed with 200 people, provided administrative assistance to the Council. Pursuant to the national legislation, communications were received and action was taken by the Ombudsman Office, with 30,000 complaints received to date. In order to ensure compliance with actions taken on communications over $6.5 million had been allocated for staff and resources.
On the concerns with regard to the monitoring of the media in the area of incitement of racism and racial hatred, the delegation said that, in 2006, 16 warnings had been issued; in 2007, 24 warnings had been issued; and, at the beginning of 2008, media outlets had received 14 warnings for incitement to ethnic and religious hatred. Warnings against the misuse of media were applied to a number of respectable media outlets. Any publication – including information on a crime based on racism or racial hatred – had to be confirmed by the Public Prosecutor’s Office. Action had been taken in coordination with local non-governmental organizations on matters pertaining to the promotion of religious and racial intolerance. In addition, the Public Prosecutor’s Office had a special committee set up, which included a variety of members from civil society, non-governmental organizations, academia and Government officials, to ensure that the it was informed immediately when a case had occurred.
Regarding concerns on the status of Cossacks, the delegation said the Cossacks were not an ethnic group. Specifically, they were considered a socio-ethnic group. As a result they could not be the object of racism and xenophobia. Any citizen of Russia could become a Cossack, through membership in any Cossack organization. There were approximately 500,000 to 600,000 Cossacks in the State. Those people had the right to participate within the State through a number of State services, such as public orders, the protection of natural resources and other such activities. It was noted, further, that many Cossacks were at the head of local governments. A total of 140,000 Cossacks were involved in the service sector. Cossacks participated in military services, and there was also a special unit called the 204th Cossack Military Brigade. Furthermore, there was no difference between Cossacks and other citizens in the State in terms of the measures taken in prosecution for a violation of State law.
With regard to concerns on the rights of small indigenous peoples, as a matter of national policy the Russian Federation attached particular importance to developing and updating legislation to afford legal protection to each ethnic cultural community, the delegation said. In order to guarantee the meaningful ethnic and cultural development of the peoples of the State, and to resolve issues affecting inter-ethnic cooperation and partnership with religious organizations, the Ministry of Regional Development of the Russian Federation had been created by Presidential Decree in September 2004. It was given jurisdictional authority over nationalities policy. The Ministry was empowered to devise national policy and to draft laws and regulations affecting the social and economic development of the states of the Russian Federation, federal-ethnic relations, and protection of the rights of ethnic minorities and the native habitats and traditional lifestyles of small indigenous peoples and ethnic communities. The Russian Federation was constantly refining its nationalities policy. In particular, the Ministry of Regional Development was investing considerable effort in harmonizing inter-ethnic relations, preserving cultural diversity, and combating racial discrimination, xenophobia and intolerance.
Further, the delegation noted that the small indigenous peoples were a national minority, and had special rights granted to them which could be viewed as positive discrimination with regard to the Convention. In addition, there had been an 18 per cent growth rate between the years 1979 to 2002 of the small indigenous people in North Siberia. As of 2009, a separate subsidy had been devoted to sustainable economic development of small indigenous peoples. The aim, among other things, was to reduce enfant mortality and increase the level of income. The regions were also obliged to ensure additional funding from their own budgets. The volume of financing for was over $500 billion.
With regard to the application of law in the regions where small indigenous people lived, the delegation said that there were two regions set up for small indigenous people. These regions were comprised of 14 special territories in the Habarus region. These lands were designated to lead to a more effective application of the federal laws. Education was noted as a Government priority within the regions in which the small indigenous peoples lived. For example it was noted that 600 schools were present in North Siberia with over 700,000 children educated in more than 23 native languages of the small indigenous peoples. A lot of work had been done to train teachers for the education of the small indigenous peoples. Further, the small indigenous peoples were represented and took part in the political structures of the State.
On the question on internally displaced persons, the delegation observed that this category included a lot of the various ethnic groups present in the Russian Federation. With regard to Chechnya a significant amount of money had been allocated for the rebuilding of the Republic; specifically, $5 billion, with 25 per cent of that funding allocated for the rebuilding of housing. Of special note was the achievement of voluntary returns of 30,000 in 2006 and in 2007 just over 60,000 people had returned to the area. That work had been based on the recommendations and guidelines issued by the Secretary-General’s special representative, who had repeatedly visited the Russian Federation and the Chechnyan Republic. Most of the efforts had focused on economic and social assistance, especially on housing. As part of the Federal Target Programme to rehabilitate the Chechen economy, compensation had been paid out for the loss of housing. In pursuance of the directives of the Russian President, international cooperation was undertaken between Russia and the Georgian national and local authorities for the people who were forced to the leave Russia for Georgia, which had allowed for the voluntary return of the 300 people, and the State hoped to develop that relationship further. That cooperation had taken place under the monitoring of the United Nations Refugee Agency, and no violations had been noted by that body.
On the question of citizenship of the Russian Federation, the delegation said that in addition to the legal norms and problems mentioned, statistics were also necessary. Under article 15 of the immigration legislation, 244,000 persons in 2006 and 57,606 persons in 2007 had applied for citizenship under the rights granted by article 15. A total of 60 per cent of all those who applied for Russian citizenship were former citizens of the Soviet Union.
The delegation said that 25 million people crossed the borders of the Russian Federation annually. At any given moment a total of 3 million foreigners crossed the borders. There was quite significant migratory status in the State and as such that circumstance required significant migratory policies. The ideology behind the creation of such policies was to assist the procedure as much as possible with regard to migratory accounting within the State. Furthermore, it was mandatory to register each migrant at the respective regions in the State who had crossed their borders. Upon the arrival of a foreigner the State required a report to be submitted within a 3-day period, and it was a means of notification only.
Further Oral Questions Posed by Experts
A Committee Expert noted with concern the relationship between business corporations and indigenous people, in particular considering the current environmental challenges facing the world. On education, to what extent were educational programmes developed and implemented with the cooperation of indigenous people, and was there any sense in the State of the progressive transfer of responsibility of education programmes to the indigenous people? More information was also regarded with regard to the “laboratory” for integration of the Roma, and to what extent, if any, did Russian language proficiency play a role in the testing of children for eligibility of entering the education system?
An Expert asked the delegation to include specific statistics with regard to existing anti-discrimination legislation. For example, regarding hate crimes, how many had been reported, had they been successfully prosecuted, had they been acquitted? They would be helpful in identifying the challenges and successes that the State was able to make.
Replies by the Delegation
Responding to questions, with regard to the roots of racist crimes, the delegation said that, unfortunately, it was young people who were most involved in racist and xenophobic movements, as had been regrettably noted. The reasons behind that were objective and not merely subjective, although that did not mean that they were irreconcilable, and thus the State had been doing everything possible to engage that particular age group and to provide financial and educational support to the non-governmental organizations and movements most involved in attracting young people in their activities to counter racism and racial discrimination.
On the question raised with regard to the small indigenous people, the position of the Government was to stimulate the corporations to seek appropriate decisions with the people living on the territories, said the delegation. Not a single project had been carried out without consultations of organizations representing the small indigenous people.
The Federal educational standards regulated two thirds of the education system, the delegation replied in response to questions with regard to small indigenous peoples involvement in their educational programmes. The Russian Academy had experts who had been developing a new draft for the federal education status aimed at further development of the ethnic languages of the indigenous people. The Ministry of Education, as part of the federal programme for the development of education, made available grants for textbooks, and more importantly models for education in which those people could partake in the development of specific educational programmes they had designed.
Preliminary Concluding Observations
LINOS-ALEXANDER SICILIANOS, the Committee Expert serving as Rapporteur for the report of the Russian Federation, said that the delegation responded to a number of questions with detail, amongst other things, regarding the root causes of racism in Russia; the set of definitions for racial discrimination; access to citizenship; the need to pursue hate speech, including via the Internet; the status of the Cossacks being not a ethnic group as such; the policy concerning emigration to United States of America, and replies concerning repressed persons. The establishment of the Ministry of Regional Development and the Department on the Inter-Ethnic Organizations were welcomed.
Further, Mr. Sicilianos noted the delegation’s responses to the concerns and questions on the settlement of the Roma, and the positive, affirmative action, measures taken by the State in that regard. He noted that the small indigenous peoples of the North with a population of 250,000 people were the most discriminated against. A lot of replies had been heard on internally displaced persons, migration policies, the issue of citizenship where 60 per cent of the former citizens of the Soviet Union had been granted citizenship in the State, which was a very important statistic for the Committee to consider. Further information on the issue of registration of children and the issue of youth extremism was also offered by the delegation. It had been a very rich and fruitful dialogue and time was needed to conclude observations on the information provided.
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