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Anti-Discrimination Center “Memorial” Russian LGBT Network

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Anti-Discrimination Center “Memorial” Russian LGBT Network Anti-Discrimination Center “Memorial” Russian LGBT Network Joint Submission to the Human Rights Council at the 30th Session of the Universal Periodic Review (Third cycle, May 2018) Russian Federation I. CONTENTS I. Contents ........................................................................................................................................ 1 II. The Universal Periodic Review of the Russian Federation under the First and Second Cycle (2009 and 2013)....................................................................................................................................... 1 III. The International Obligations of Russia ...................................................................................... 3 IV. Omnipresence of racism and discrimination based on ethnicity ................................................. 3 1. Racism against Roma People ...................................................................................................... 3 2. Racism against migrant workers ................................................................................................. 4 3. Discrimination against indigenous people ................................................................................... 4 V. Gender based discrimination ....................................................................................................... 5 VI. Discrimination based on religious affiliation .............................................................................. 6 VII. Discrimination on the ground of health condition ....................................................................... 6 VIII. Discrimination based on sexual orientation or gender identity: .................................................. 7 1. Hate crime against LGBT – violent attacks, murders, lack of efficient investigation. ................ 7 2. Enforced disappearances and tortures of people for homosexuality. .......................................... 8 3. Freedom of speech and a right to peaceful assembly. ................................................................. 9 4. Discrimination in labor relations. ................................................................................................ 9 IX. Recommendations: .................................................................................................................. 100 INTRODUCTION 1. Anti-Discrimination Centre (ADC) Memorial, and the Russian LGBT Network made this joint submission in relation to the problem of racism and discrimination in Russia: the report focuses on discrimination based on ethnicity, gender, sexual orientation and gender identity, religious affiliation and health condition. 2. Anti-Discrimination Centre (ADC) Memorial1 is a Human Rights NGO defending the rights of vulnerable groups (such as representatives of ethnic minorities and indigenous peoples, migrants, stateless persons, LGBTI and others) in Eastern Europe and Central Asia, through national and international advocacy, strategic litigation and education/information work. 3. Russian LGBT Network is an interregional, non-governmental human rights organization that promotes equal rights and respect for human dignity, regardless of sexual orientation and gender identity. It monitors LGBT rights violations, unites and develops regional initiatives, advocacy groups both at national and international levels, and provides social and legal services for LGBT. II. The Universal Periodic Review of the Russian Federation under the First and Second Cycle (2009 and 2013) 4. Being subject to the UPR under the first cycle in 2009, Russia received the following recommendations regarding discrimination2: 1 For more information about the work of ADC Memorial, please visit its website adcmemorial.org 2 Report of the Working Group on the Universal Periodic Review: https://documents-dds- ny.un.org/doc/UNDOC/GEN/G09/162/59/PDF/G0916259.pdf?OpenElement 1 Attention be paid to CERD’s observation to 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); Apply its current anti-racism legislation in an effective way and take new structural measures specifically to counter discrimination (Belgium); Adopt a clear and comprehensive definition of racial discrimination in its legislation (New Zealand); Continue its policy to ensure gender equality aimed at upholding the rights of women (Belarus); Increase its efforts and take concrete policy measures in order to promote tolerance and non-discrimination of lesbian, gay, bisexual, transsexual and transgender persons (Sweden); Continue its positive measures for the protection of the dignity of the individual, freedom of thought, conscience and religion (Palestine); Increase its efforts to ensure full respect of the rights of persons belonging to minorities and indigenous groups, including education of their children (Sweden); 5. Being subject to the UPR under the second cycle in 2013, Russia supported/noted the following recommendations regarding discrimination3: 140.76. Amend its legislation so as to include an explicit provision on prohibition of discrimination based on gender and a specific provision on the definition of direct and indirect discrimination (Iceland); 140.83. Encourage high-level State officials and politicians to clearly take a position against racist and xenophobic political discourse (Tunisia); 140.82. Effectively counter all forms of racism, xenophobia and intolerance (Uzbekistan); 140.199. Take further measures to strengthen the mechanisms for the protection of social rights, in particular rights of children, women and persons with disabilities (Uzbekistan); 140.221. Strengthen federal and local legislation in favor of the rights of indigenous peoples (Bolivia (Plurinational State of)); 140.223. Officially endorse the United Nations Declaration on the Rights of Indigenous Peoples, and fully implement all relevant national laws and regulations (Denmark); The Russian Federation also received 14 recommendations, associated with sexual orientation and gender identity issues. The states urged Russia to abolish regional laws, which do not meet the non-discrimination principle and fail to protect LGBT rights. Comments analysis to the acceptance or unacceptance of these recommendations allows claiming that Russian Government considers the existing legislation as non-discriminatory towards LGBT. Russian Federation emphasizes Article 63 (p.1,“e”) of the Administrative Code as the adopted measure to secure LGBT from violent attacks, by increasing the punishment for crime committed on the basis of hatred to any social group.4 Instead of accepting the recommendation, proposed to take concrete measures preventing from using regulations in force with discriminatory purposes against the rights of LGBT5, Russian authorities adopted the law replicating the content of the regional initiatives, introducing amendments to federal law “On children protection from information harmful for their health and development”6 and to the Administrative Offence Code of the Russian Federation, which established liability for “propaganda of non-traditional sexual relations among minors”. Such law reinforced second role of LGBT people in all spheres of social life7, having deprived the community members from constitutionally guaranteed right on equality. 3 Find the matrix of recommendations here: http://www.ohchr.org/EN/HRBodies/UPR/Pages/RUindex.aspx 4 A/HRC/24/14 p.19 (R.140.96) 5 A/HRC/24/14 p.18 (R.140.96) 6 Federal Law of the Russian Federation No. 436-FZ of December 23, 2010 7 According to the cases that Russian LGBT Network documented after the law adoption, for more information please see reports: Monitoring of discrimination on the grounds of sexual orientation and gender identity in 2 The law banning “propaganda of non-traditional sexual relations” is also not consistent with the international obligations that Russian Federation takes under International Covenants on Civil and Political Rights (Article 21, Article 26); Covenant on Economic, Social and Cultural Rights (Article 2) and European Convention on Human Rights (Article 10 and Article 14), as well as Protocol №12 to the Convention (Article 1). III. The International Obligations of Russia 6. The Russian Federation is a party to core UN Human Rights treaties having relation to the problem of discrimination: International Covenant on Civil and Political Rights; International Convention on the Elimination of All Forms of Racial Discrimination; International Covenant on Economic, Social and Cultural Rights; Convention on the Elimination of All Forms of Discrimination against Women; Convention on the Rights of the Child; Convention on the Rights of Persons with Disabilities. 7. Within the Council of Europe, Russia ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms; the Framework Convention on the Rights of National Minorities; partly ratified the European Social Charter. IV. Omnipresence of racism and discrimination based on ethnicity8 8. People belonging to visual minorities, like Roma, representatives of peoples from North and South Caucasus origin, working migrants coming from Central Asia and other visual minorities face ethnic discrimination, become victims of hate crime and hate speech. Since March 2014, Crimean Tartars and Ukrainians appear to be victims of discriminative policy, pressure and persecution.
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