Advisory Committee on the Framework Convention for the Protection of National Minorities
Total Page:16
File Type:pdf, Size:1020Kb
Strasbourg, 25 July 2012 Public ACFC/OP/III(2011)010 ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES ____________________________________ Third Opinion on the Russian Federation adopted on 24 November 2011 EXECUTIVE SUMMARY The Russian authorities have maintained a generally positive approach towards the monitoring process of the Framework Convention and a flexible and pragmatic attitude to the recognition of national minorities. However, only limited progress has been made in the protection of persons belonging to national minorities. There have been no substantial legislative developments since the second monitoring cycle and comprehensive anti-discrimination legislation is still lacking. Amendme nts to the federal education law could lead to fewer opportunities for minority language education. While support continues to be provided to a large number of minority cultural events, minority representatives report a general decrease in support for and interest in the use of minority languages in daily life, including in official settings. Steps have been taken to prosecute offences committed by far-right groups and various campaigns against racism and for increased respect for cultural diversity have been launched at federal and regional level. However, the number of racially-motivated crimes, targeting in particular persons originating from the Caucasus, Central Asia, as well as the Roma, remains alarming. Moreover, some minorities continue to face widespread discrimination in areas such as access to employment and housing as hostility against ‘non-Slaves’ is exhibited with increasing openness and sometimes fuelled by politicians. Persons originating from the Caucasus and Central Asia, as well as the Roma, experience selective and disproportionately frequent identity checks by the police and are vulnerable to police corruption and other abuse, including the disproportionate use of force. The system of residency registration continues, in some regions, to be implemented in a discriminatory manner. Considerable inequality is also found in the justice and prison systems. ACFC/OP/III(2011)010 A comprehensive Concept Paper to promote the sustainable development of indigenous peoples was adopted in 2009, containing ambitious objectives to improve the socio-economic conditions for the groups concerned while protecting their traditional environment and lifestyle. However, implementation has been slow and has been offset by simultaneous legislative developments that have resulted in reduced access of numerically small indigenous peoples to their traditional territories and natural resources. The participation of persons belonging to national minorities in public life appears limited to the organisation of cultural events. No effective consultation mechanisms are in place to ensure that persons belonging to national minorities have an opportunity to influence effectively decisions on issues concerning them, including on relevant legislative developments. Issues for immediate action Ø Ensure that regional and local residency registration regimes comply with federal legislation and are implemented in a non-discriminatory and transparent manner and that the right to appeal is guaranteed for all persons; registration must not be made a precondition for accessing fundamental rights; Ø Ensure that all instances of alleged police misconduct, abuse and violations of human rights are swiftly investigated, prosecuted and effectively sanctioned and that the persistent practice of ‘ethnic profiling’ is eliminated; take far more resolute measures to increase awareness and training of the police on equality and non- discrimination provisions and on human rights in general; Ø Take further and more resolute measures to prevent, investigate, prosecute and sanction effectively all instances of racially-motivated offences; condemn firmly, swiftly and unequivocally all expressions of intolerance, racism and xenophobia, particularly in politics and in the media; redouble efforts to combat the dissemination of racist ideologies in the population, particularly among young people; Ø Ensure that firm legal guarantees for persons belonging to national minorities to learn and speak their languages are introduced in regional legislation and closely monitor their implementation; take measures to promote respect for linguistic and cultural diversity and increase the presence of minority languages and cultures in all areas of daily life; Ø Intensify efforts, including financial, to implement the objectives contained in the Concept Paper on the Sustainable Development of Numerically Small Indigenous Peoples of the North, Siberia and Far East, in close co-operation with the persons concerned; take further steps to ensure that representatives of indigenous peoples are closely consulted on all issues of relevance to them; ensure that the aim of promoting the sustainable development of indigenous peoples is not jeopardised by simultaneous legislative developments that undermine their preferential access to land and natural resources. 2 ACFC/OP/III(2011)010 TABLE OF CONTENTS I. MAIN FINDINGS.................................................................................................................. 5 Monitoring process......................................................................................................................... 5 General overview of the implementation of the Framework Convention after two monitoring cycles.............................................................................................................................................. 5 Legislative framework and institutional structures ........................................................................ 6 Combating discrimination and racism and promoting respect for diversity.................................. 6 Support for the preservation of national minority cultures ............................................................ 7 Situation of numerically small indigenous peoples of the North, Siberia and Far East................. 8 Language legislation...................................................................................................................... 8 Equal access to education and teaching of and in minority languages .......................................... 8 Participation in public affairs ......................................................................................................... 9 II. ARTICLE-BY-ARTICLE FINDINGS ................................................................................ 10 Article 1 of the Framework Convention...................................................................................... 10 Article 3 of the Framework Convention...................................................................................... 10 Article 4 of the Framework Convention...................................................................................... 12 Article 5 of the Framework Convention...................................................................................... 18 Article 6 of the Framework Convention...................................................................................... 23 Article 7 of the Framework Convention...................................................................................... 32 Article 8 of the Framework Convention...................................................................................... 35 Article 9 of the Framework Convention...................................................................................... 37 Article 10 of the Framework Convention.................................................................................... 38 Article 11 of the Framework Convention.................................................................................... 40 Article 12 of the Framework Convention.................................................................................... 41 Article 14 of the Framework Convention.................................................................................... 44 Article 15 of the Framework Convention.................................................................................... 47 Article 16 of the Framework Convention.................................................................................... 51 Article 17 of the Framework Convention.................................................................................... 54 Article 18 of the Framework Convention.................................................................................... 54 III. CONCLUSIONS.............................................................................................................. 56 Positive developments following two cycles of monitoring........................................................ 56 Issues of concern following two cycles of monitoring ................................................................ 57 Issues for immediate action.......................................................................................................... 59 Further recommendations............................................................................................................. 60 3 ACFC/OP/III(2011)010 ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES THIRD OPINION ON THE RUSSIAN FEDERATION 1. The Advisory Committee adopted the present Opinion on the Russian Federation in accordance with Article 26 (1) of the Framework Convention