UN Special Rapporteur: Russian society faces an established trend of racism and xenophobia

On March 15, 2007, in Geneva, the UN Special Rapporteur on contemporary forms of racism, Doudou Dien, presented to the members of the 5th session of the UN Human Rights Council a report on the results of his visit to Russia in 2006.

In his report, D. Dien analyzes: the demographic, ethnic and religious composition of the Russian Federation, the historical and social background of modern problems, the legal system, as well as the political and administrative structure of modern Russia.

The speaker touches upon the issues of the legal framework for combating racism and racial discrimination, and also analyzes the opinions and reactions of public officials and political decisions, state measures to combat racism and racial discrimination.

Further, the Special Rapporteur cites facts of discrimination in Russia against people from the Caucasus and Central Asia, Roma, foreigners, Africans. It addresses issues of anti-Semitism and attacks on human rights defenders.

The author of the report tells about the use of racist and xenophobic statements in politics and the media.

The data of the report are based largely on the materials of public organizations.

D. Dien comes to the conclusion that, although there is no state policy of racism in the Russian Federation, Russian society is facing an established trend of racism and xenophobia.

Here are the special rapporteur's recommendations:

“The Government must officially and publicly acknowledge the existence and extent of the spread of racist, racially discriminatory and xenophobic tendencies existing in Russian society and, in the strongest and most effective terms, declare its political determination to combat them. Of particular importance is the condemnation of any racist or xenophobic acts or statements, including from political parties and the media.

The rich heritage and depth of human, cultural and religious multicultural interactions in the deepest layers of Russian society should be a strategic direction for the government to link the fight against racism and xenophobia with the promotion and restoration of multiculturalism in Russian society, aimed at strengthening the democratic political process. To this end, the government should resolutely promote the restoration of the multicultural identity of Russian society through legislative, educational and informational measures.

As a matter of urgency, the government should establish an analytical commission composed of representatives of relevant government institutions (judicial, police, educational, cultural), political parties, civil society organizations, interest groups and communities, as well as prominent figures in the religious, intellectual and artistic fields, reflecting the diversity of the country, to collect data on the manifestations and expressions of racism and xenophobia, analyze their underlying root causes and develop a national program of action against racism and xenophobia.

The Government should also consider establishing an independent body at the federal level to promote and protect human rights and combat racism, xenophobia and discrimination in a comprehensive manner, including discrimination based on race, religion, ethnicity, nationality, nationality, place of residence, gender, age, disability, sexual orientation and any other grounds. The composition of this body, whose work should be supported by regional branches, should be representative of the diversity of Russian society, and its members should be appointed by parliament on the basis of proposals from the government, civil society organizations and cultural, religious and linguistic communities. This body should work closely with relevant State and civil society stakeholders, in particular the Commissioner for Human Rights and Regional Ombudsmen, and should be given administrative, legislative and regulatory powers to investigate acts of racism and discrimination and should be provided with adequate human, material and financial resources.

The Government should resolutely continue to strengthen the provisions of the law aimed at combating racism, racial discrimination and xenophobia at the level of criminal, civil and administrative legislation. Of particular importance is the explicit prohibition of racial discrimination in accordance with article 1, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination in constitutional, civil and administrative law, using a clear and comprehensive definition of discrimination. Issues of immigration, asylum and the situation of aliens should be decided on the basis of relevant international legal instruments, and not only on the basis of security and counter-terrorism considerations. The Special Rapporteur also calls for a revision of the 2002 Law on Combating Extremist Activities in order to better define its scope.

The strengthening of legislation should be accompanied by a continuation and strengthening of ongoing efforts to implement the relevant existing provisions of the u1079 law in order to strongly communicate to perpetrators of racist and discriminatory acts, xenophobic violence and incitement to hatred that such acts are unacceptable. These efforts should include strengthening the capacity of the judiciary and law enforcement agencies, in particular the Office of the Prosecutor General, to effectively enforce the provisions of the Criminal Code in relation to perpetrators of racially motivated attacks, in particular through the provision of adequate training on the content of international human rights instruments - in particular the International convention on the elimination of all forms of racial discrimination - and existing domestic laws.

Acts of racism and intolerance against foreigners, in particular students, human rights defenders, witnesses in criminal investigations, intellectuals and activists involved in the fight against racism, must be strongly condemned and given high priority, in particular by law enforcement officials, which should ensure that effective measures are taken to protect against racially motivated attacks, especially by ultra-nationalist groups.

The Government should also take steps to end racial profiling, in particular the targeted racially sensitive passport and registration checks conducted by law enforcement officials in public places and directed against members of specific communities. These measures should include education and awareness programs for law enforcement officials to ensure that they carry out their duties without discriminating people on the basis of race, color, national or ethnic origin. The Government should ensure that this principle is also applied in the fight against terrorism. Mistreatment by law enforcement officials of victims of racially motivated acts should be exemplarily punished.

The Government should take strong action to prevent future discriminatory practices against certain groups in the granting of citizenship and registration of residence, and thereby ensure that decisions of the Constitutional Court and the Supreme Court that such practices are unconstitutional are strictly enforced and enforced.

Urgent attention should be paid to the situation of a large number of former Soviet citizens who, despite a long period of residence or permanent residence in Russia, are considered illegal migrants since the entry into force of federal laws on citizenship and the legal status of foreign citizens.

The Government should ratify the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and bring its national legislation into line with it.

The Government should strongly condemn any manifestations of racism and intolerance against Caucasians and Central Asians, ensure that such manifestations are investigated promptly, thoroughly and impartially, and that those responsible for ethnically motivated incitement and violence are duly prosecuted responsibility and punished.

The Government should adopt a comprehensive federal action plan for the Roma community to promote and respect their cultural identity and overcome their social and economic marginalization, such as poor housing, lack of documentation, high dropout rates of Roma children from schools and Roma employment difficulties. The plan should also include measures to familiarize Russian society with the history and traditions of the Roma in order to eradicate the negative perceptions and stereotypes systematically associated with representatives of this people. The problem of eviction of Roma from occupied dwellings should be considered as a priority.

In parallel with the political and legal strategy, the government should develop an ethical and cultural strategy aimed at addressing the deepest roots of racism and xenophobia and built on the promotion of mutual knowledge of cultures and values, interaction between different communities and establishing a connection between the fight against racism, xenophobia and discrimination and calculated for the long term by building a democratic, egalitarian and interactive multicultural society.

The Government is requested to review school curricula and textbooks, including history textbooks, to reflect the humanitarian, cultural and social benefits of multiculturalism. The issues of mutual respect, the promotion of tolerance, as well as racism, racial discrimination and xenophobia should be adequately covered in school curricula and teacher training courses.

The Government should consider initiating a process involving the media to reflect the role and responsibility of the media in combating racism and xenophobia and promoting tolerance, with a view to developing a deontological code of conduct.

Finally, the Special Rapporteur looks forward to establishing a human rights presence for OHCHR in the United Nations country team in Moscow and recommends that combating racism, racial discrimination, xenophobia and related intolerance form an important part of her work."

See the full text of the report here