Russian Federation Upr 4th Session

Human Rights Council Universal Periodic Review (UPR) Working Group 4th session (2-13 February 2009)

Russian Federation On 4 February 2009 the UPR Working Group reviewed the human rights situation in the Russian Federation. The Working Group members (troika), selected to facilitate the review were Bahrain, Chile and Ghana. For more information on the UPR process, see: http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

Background Documents National Report In Russian: http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/RU/A_HRC_WG6_4_RUS_1_R.PDF In English: http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/RU/A_HRC_WG6_4_RUS_1_E.PDF

Compilation of information from UN sources In Russian: http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/RU/A_HRC_WG6_4_RUS_2_R.PDF In English: http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/RU/A_HRC_WG6_4_RUS_2_E.PDF

Summary of information received from other stakeholders A total of 17 Civil Society Organizations made submissions to the UPR. In Russian: http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/RU/A_HRC_WG6_4_RUS_3%20Russian%20Federati on_R.pdf In English http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/RU/A_HRC_WG6_4_RUS_3_E.PDF

Outcome of the Review Report of the UPR Working Group (in English only) http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/RU/A_HRC_WG6_4_L5_RUS_E.PDF

NB: These documents are also available from the LWF Office for International Affairs and Human Rights on request. Please contact: Patrik Sebastian Schmidt Office for International Affairs & Human Rights/LWF Email: [email protected]

P.O. Box 2100, Route de Ferney 150, CH-1211 Geneva 2, Switzerland Tel +41/22-791 63 65 Fax +41/22-791 66 30, E-mail [email protected]

Introduction The delegation of the Russian Federation was headed by Mr. Alexander Konovalov, Minister of Justice of the Russian Federation. The delegation presented the national report on the situation of human rights in the Russian Federation. During the interactive dialogue that followed, 55 delegations (member states and observers) made statements and posed questions. Among the discussed issues were:

Concerns and Recommendations These concerns and recommendations were expressed during the interactive dialogue. The response of the Russian Federation to these recommendations will be included in the outcome report to be adopted by the Human Rights Council at its eleventh session.

Signing and Ratification Sign and/or ratify: -

Second Optional Protocol to the International Covenant on Civil and Political Rights (Germany, Australia) Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (Slovakia) Optional Protocol to the Convention against Torture (United Kingdom, Brazil, Mexico) Rome Statue on the ICC Convention for the Protection of Migrant Workers and their families (Egypt) Convention for the Elimination of the Enforced Disappearances of Persons (Argentina, Mexico) The Convention on the Rights of Persons with Disabilities (Mexico) ILO Convention 169 concerning Indigenous and Tribal Peoples (Mexico) Protocol No. 14 to the European Convention on Human Rights (prohibition of discrimination) (Finland, Ukraine, Slovenia)

Special Procedures Issue (Brazil, France, Czech Republic, Slovenia) and implement (Czech Republic) a standing invitation to all United Nations Special Procedures (Brazil, France, Czech Republic, Slovenia) as well as to all thematic special procedures (Switzerland). Find an agreement as soon as possible on the visit of the Special Rapporteur on torture (Switzerland, United Kingdom) and his visit to North Caucasus under his usual terms of operation (Denmark).

The visit by the Working Group on enforced or involuntary Disappearances should take place within 1009 (Norway). Submit as quickly as possible information on alleged forced disappearances cases to the Working Group (Japan).

Death penalty Implement its announcement to abolish the death penalty de iure (Germany, Australia) and consider officially establishing a moratorium on executions (Brazil).

Counter terrorism Revise the federal law on countering terrorism and the law on extremism to ensure their compatibility with international obligations of the Russian Federation (Mexico).

Racial discrimination Systematically condemn and prosecute racist and xenophobic violence (Belgium, Switzerland, Austria, Norway). Set up a national mechanism to counter the phenomena of racist violence and to gather reliable statistics in this regard (Belgium, Ireland, Austria). Strengthen the legislative framework in the area of non-discrimination with a special attention to gender equality, ethnic minority, indigenous people and migrants regardless of their minority status (Mexico) . Discrimination on the basis of gender and sexual orientation Take concrete policy measures to promote equality between men and women (Algeria, Belarus and non-discrimination of lesbian, gay, bisexual, transsexual and transgender persons (Netherlands).

Legal reforms and human rights accountability Strengthen its efforts to reform the justice system according to international standards, especially with a view to: -

establish accessible accountability mechanisms to ensure transparency in the investigation and prosecution of human rights violations (New Zealand) increase the independence of the judiciary and strengthen oversight of the implementation of human rights legislation (Ne Zealand, Australia) overcome challenges such as corruption, and lacking accountability of the public administration as well as a rational division of responsibility between federal and regional levels of Government (Italy, Vietnam)

Human Rights defenders, Journalists and Criminalization of NGOs Review the extremism and NGO laws to ensure their compatibility with international human rights obligations and standards including the United Nations Declaration on Human Rights Defenders (Slovakia, The Netherlands).

Promote the rights of human rights defenders and journalists to freedom of expression, association and assembly (Slovakia, Australia, Italy). Intensify its efforts made to investigate practices of harassment and aggression against journalists and lawyers and punish their perpetrators, including those as referred to in paragraphs 18, 21, 24 and 58 of the report (Switzerland, Norway, United Kingdom, The Netherlands, France, Ireland). Adopt appropriate measures to disseminate widely and ensure full observance of the Declaration on Human Rights Defenders. The Declaration, as well as all other human rights standards, should in particular be made available to schools and institutions of higher education (Norway).

Torture Combat torture by effectively addressing concern s of the Committee against Torture over many ongoing allegations of torture and ill-treatment committed by law enforcement personnel (Denmark) and the concerns of the High Commissioner for Human Rights about the use of torture in the Chechen Republic (Australia). Establish the national preventive mechanism of the Convention against Torture (Czech Republic, Algeria)

Detention Provide law enforcement officials with human rights training focusing on protection of human rights of women, children, national minorities and persons of minority sexual orientation or gender identity (Czech Republic). Ensure investigation and punishment of all cases of violation of human rights by law enforcement officials (Czech Republic). Improve conditions in prisons, particularly in pre-trial detention facilities (Czech Republic, Algeria) Encourage the use of non-custodial options in pre-trail detention, especially in cases where there are pregnant prisoners and prisoners with children and where women are detained. Also, put in place policies to ensure that all children are able to maintain contact with their mothers (New Zealand).

Domestic violence Adopt specific law on domestic violence (Czech Republic, South Africa). Establish shelters and safe housing for victims of domestic violence, that would be locally accessible and sufficiently and sustainably funded (Czech Republic, New Zealand, Sweden).

Child rights Establish a juvenile justice system that not only strives to punish, but rather to help juveniles to re-integrate into society (Austria, Czech Republic). Continue its efforts to reduce the number of children without parental care (Algeria). Enhance its efforts to provide equal educational opportunities for children with disabilities, including by abolishing the practice of “corrective” and “auxiliary schools”, by providing the necessary support and by ensuring that teachers are trained to educate children with disabilities in regular schools (Liechtenstein) Economic, social and cultural rights In the current world economic crisis, step up its efforts for the protection of economic, social and cultural rights for the most vulnerable segments of the population including the migrants (Algeria). Indigenous People Implement the recommendations raised by CERD as to how to improve the situation of the indigenous communities (Denmark) Intensify its efforts to ensure provision of education in minority languages (Finland, Ukraine).

Russian Occupation of Abkhazia and South Ossetia In the view of the Russian Federation, the recommendations contained in the report in paragraph 54 are not relevant as they do not comply with the basis of the review stipulated in HRC Resolution 5/1 “Institution-building of the United Nations Human Rights Council.”

Georgia recommended that Russia de-occupy the territories of Georgia – Abkhazia and Tskhinvali region including South Ossetia, and until remaining in the territories in question, to comply with the obligations of an occupying power, set up by the rules of the international humanitarian law. It recommended halting forced distribution of passports certifying Russian citizenship among ethnic Georgians in the occupied territories controlled by the Russian armed forces.

*** For further information please contact: Patrik Sebastian Schmidt Office for International Affairs & Human Rights The Lutheran World Federation P.O. Box 2100, Route de Ferney 150 CH-1211 Geneva 2, Switzerland Tel +41 22 791 63 65 Fax +41 22 791 66 30 E-mail: [email protected] www.lutheranworld.org