January 30, 2015 CEDAW Secretariat OHCHR - Palais Wilson 52, rue des Pâquis CH-1201 Geneva 10 Switzerland Re: Supplemental Information on the Russian Federation, Adoption of List of Issues by the Committee on the Elimination of Discrimination against Women During its Pre-Sessional Working Group Meeting, March 9-13, 2015 Distinguished Committee Members: The Center for Reproductive Rights (New York/Geneva) and Russian Association for Population and Development (Moscow), both independent non-governmental organizations, respectfully present this submission to the Committee on the Elimination of Discrimination against Women (CEDAW Committee) with regard to the adoption of the list of issues on the Russian Federation. We hope that the CEDAW Committee will consider the human rights concerns addressed in this submission as it formulates the list of issues on Russia. The practices and policies outlined in this submission violate Russia’s obligations under the Convention on the Elimination of All Forms of Discrimination against Women (the Convention)1 to ensure that women can enjoy their human rights free from discrimination and on a basis of substantive equality. The submission focuses in particular on specific violations of Articles 1, 2, 3, 5, 7, 10, 12 and 16 of the Convention that occur in Russia in the field of reproductive health care and as a result of restrictions on civil participation and freedom of expression. In Section 1 it provides a contextual analysis of the troubling impact of Russian laws and policies on civil society, gender equality and sexual minorities. In Section 2 it outlines specific ways in which the state is failing to respect, protect and fulfil women’s reproductive rights. At the end of each section a number of recommendations are outlined. 1. Articles 1, 2, 3, 5, 7, 10, and 16 of the Convention: State laws and policies attacking civil society, gender equality and sexual minorities In recent years, Russia has introduced a series of laws and policies that severely undermine the role of civil society, the principle of gender equality, and the rights of sexual minorities. These measures include (a) the ‘foreign agents’ law, (b) the active promotion of “traditional family” values and endorsement of wrongful gender stereotypes, and (3) the anti-LGBT ‘propaganda’ laws. These measures undermine Russia’s compliance with its obligations under the Convention. By systematically eroding the position of civil society, including women’s rights organizations, promoting wrongful gender stereotypes in the name of protecting “traditional family” values, and attacking LGBT communities, Russia is fostering an environment supportive of discriminatory practices and hostile to diverse civil society participation in public life. As the Committee has outlined on many occasions, compliance with the Convention requires state parties to refrain from engaging in discrimination against women, to abolish discriminatory laws, to ensure laws and policies are in place that guarantee the principle of gender equality in practice and to address wrongful gender stereotypes. The Committee has also called on states to actively enable the participation of women’s rights organizations in public life and to ensure women human rights defenders can operate freely. In addition, the Committee has held that the Convention requires states to prevent and address multiple and intersectional forms of discrimination faced by women.2 a. ‘Foreign agents’ law: undermining the position of civil society organizations In 2012, the Russian Duma introduced the ‘foreign agents’ law, according to which, non- governmental organizations registered in Russia must register with the Ministry of Justice as “foreign agents” if the organization is involved in “political activity” exercised in Russia and obtains foreign funding.3 The definition of “political activity” is extremely vague and therefore can encompass all aspects of human rights advocacy. In March 2013, the Russian authorities forced several NGOs to register as so called foreign agents as a result of an intrusive campaign to identify “foreign agents” during which hundreds of organizations were inspected.4 Although many of the groups challenged their registration in court, most lost their cases and decided to shut down their organization rather than be labeled foreign agents.5 Others were forced to shut down due to exorbitant fines imposed under the legislation.6 In May 2014, the law was amended to allow the Ministry of Justice to register organizations as “foreign agents” without their consent.7 As of January 18, 2015, the list of NGOs registered as “foreign agents” includes thirty NGOs identified by the government as well as two NGOs that registered voluntarily.8 Organizations registered as foreign agents “immediately encounter[] serious problems,” such as complex reporting requirements, inspections and controls.9 They also often lose the cooperation of partnering organizations in Russia, who are afraid of being associated with them.10 Women’s rights organizations and service providers are among those severely affected by the law.11 b. The state’s promotion of “traditional family” values and wrongful gender stereotypes For a number of years activities and rhetoric on the part of high level state officials in Russia have promoted “traditional family” values and undermined gender equality. 2 Senior state representatives in Russia have publicly endorsed wrongful gender stereotypes and spoken out against alternative family models. For example, President Putin, has emphasized on several occasions that the support for the “traditional family” is the state’s goal.12 Meanwhile the head of the Duma’s Committee on Family, Women and Children, Ms. Yelena Mizulina, regularly and actively promotes “traditional family” values.13 Among other things, she has criticized the Russian Family Code for not including a definition of the “traditional family”,14 and has said that laws and policies supporting couples who cohabit without being married are “a sort of a crime against the family institution […] in the historical sense.”15 She has said that amendments to Russian laws which would support the traditional family should be adopted.16 In addition, in 2011 she introduced legislative proposals that purported to severely restrict women’s access to abortion services. Only two of those restrictions were ultimately adopted by the Parliament (see section 2.a. below).17 In this context it is notable that reports indicate that a significant amount of available state funding for civil society organizations appears to have been directed to religious or public organizations promoting “traditional values”.18 c. The anti-LGBT ‘propaganda’ laws: discrimination against LGBT The Russian government’s moves to promote the “traditional family” and endorse conservative moral and religious values also encompasses the anti-LGBT ‘propaganda’ laws. Beginning in 2006, eleven regions of the Russian Federation passed laws that prohibited the “promotion of homosexuality” among minors.19 In June 2013, the Duma unanimously passed a federal version of these laws banning the spread of “propaganda of non-traditional sexual relations” to minors.20 These laws are now being enforced across Russia. Not only do the laws prohibit the provision of information on gay rights or homosexuality but they also prohibit the equation of “traditional” with “nontraditional” relationships.21 Since the adoption of the laws violence and harassment faced by lesbian, bisexual and transgender women, as well as by gay men, has increased in Russia.22 As Human Rights Watch reported, “[g]overnment officials, journalists, and celebrities have publicly called LGBT people “perverts,” “sodomites,” and “abnormal,” and have conflated homosexuality with pedophilia.”23 Recommended questions to be addressed by the Russian government: 1. In light of concerns that the ‘foreign agents’ law contravenes Russia’s obligations under CEDAW, please provide information on what measures the state is taking to address the law and in what timeframe. 2. In light of concerns that the state’s promotion of “traditional family” values contravenes the state’s obligations under CEDAW to eliminate negative gender stereotypes and promote gender equality, please provide information on what measures the state is taking to address the law and in what timeframe. 3. In light of concerns that the anti-LGBT ‘propaganda’ laws and regulations contravene the state’s obligations under CEDAW, please provide information on what measures the state is taking to address the laws and in what timeframe. 3 2. Articles 1, 2, 5, 10, 12 and 16 of the Convention: The state’s failure to respect, protect and fulfil women’s reproductive rights In this section we outline the ways in which Russia’s laws and practices continue to undermine women’s enjoyment of their reproductive rights. In particular, we address: (a) barriers in access to safe abortion services and the current attempt to introduce legislation which would criminalize and prohibit abortion; (b) barriers in access to contraceptive services and information; and (c) the absence of mandatory, evidence- and rights-based sexuality education in schools. a. Barriers in access to safe abortion services and the current attempt to criminally prohibit abortion Current legislation allows abortion in Russia without restriction as to reason until the 12th week of pregnancy. Thereafter, abortion is permitted only when the pregnancy is the result of rape (until the 22nd week of pregnancy) or for