II. Recommendations

To the Russian Government

Regarding the 2006 NGO law

• Amend the 2006 NGO law and relevant implementing regulations to remove the most restrictive provisions, which include:
• Articles that give Ministry of Justice inspectors the authority to check for compliance with all laws, including those for which oversight authority is assigned to other government bodies;
• Articles that allow officials to order an unlimited number of intrusive inspections and be present at all NGO events, as well as articles allowing the Ministry of Justice to request dissolution of organizations for not submitting reports and other information;
• The article granting officials the authority, regarding foreign NGOs, to ban projects or parts of projects that officials believe violate Russia’s national interests, and articles requiring them to inform the Ministry of Justice in advance about their projects and about the money allotted for each specific project;
• Articles that allow officials to reject registration of NGOs for minor mistakes or undefined public interest grounds.
• Ensure that Ministry of Justice officials apply the law consistently across the country, and publish in easily understandable form all available information on the conduct of inspections (including inspection plans), registration procedures, and other relevant documents so that NGOs understand and can be reasonably prepared to comply with the law.
• Reorient the Ministry of Justice’s terms of engagement with NGOs. Instead of seeking primarily to punish NGOs for infractions, the Ministry of Justice should seek to inform NGOs about how to comply with their legal obligations and assist them in preventing and correcting any administrative violations.
• Institute a policy of not seeking the dissolution of NGOs except in extraordinary cases clearly defined in legislation and as determined as appropriate by a court.
• Ensure that Ministry of Justice officials use their discretion to impose only those obligations and burdens on NGOs that are legal, strictly necessary, and proportionate, and that foster an environment in which civil society can operate freely.

To safeguard the work and role of NGOs in general

• Acknowledge the essential role of public benefit NGOs in a democratic society by freeing them from corporate tax burdens on grant and other income in line with Council of Europe recommendations, and providing them with other benefits.
• Ensure that government financial support for NGOs is distributed in an impartial and independent manner, based on merits of application for funding, and with full transparency as to the grounds on which grants have been provided and/or refused.
• Thoroughly investigate any cases of unlawful interference, harassment, or intimidation of NGOs, human rights defenders, or civil society activists, and hold accountable those responsible for such abuses.
• Ensure anti-extremism laws are not used to prevent or interfere with peaceful expression of dissent or criticism of the authorities.
• Use public opportunities by government spokespersons at all levels to reinforce the message and policy that NGO work is essential to a democratic society and is supported by the government;
• Respond positively to the longstanding request of the UN Special Rapporteurs on Human Rights Defenders and Freedom of expression to carry out country visits to Russia and agree on dates for such visits at the earliest opportunity.
• Implement the recommendations made by a range of international institutions, including the Council of Europe’s Parliamentary Assembly, the Commissioner for Human Rights, the Secretary General, as well as UN special procedures and treaty monitoring bodies, regarding the need to ensure that civil society can function without undue government interference.

To Russia’s International Partners, Particularly the European Union, the United States, and the Council of Europe

• Seize every opportunity to raise strong concern about the plight of civil society in Russia and call on the Russian government to take concrete steps to foster an environment in which civil society can operate freely.
• Encourage the Russian government to uphold freedom of expression and association by bringing legislation regulating civil society and its implementation into line with Russia’s European and international commitments.
• Publicly express support for the work of NGOs and continue to support them financially and otherwise. Engage Russian civil society groups more intensively in the work around international forums such as the periodic EU-Russia and US-Russia summits, thus stressing the importance of their work.
• Raise deep concern about instances of unlawful interference, harassment, and intimidation of NGOs and their staff and request thorough investigation of each such case and for those responsible to be brought to account.
• Underscore that official harassment of NGOs and restrictions imposed by the NGO law will make Russia vulnerable to litigation at the European Court of Human Rights.

To Donors

• Provide small grant programs and seed money to organizations and individuals to facilitate the registration process, and seek ways to support activists and organizations that operate without legal personality.
• Continue to support Russian civil society groups financially, in particular by helping them to cover legal costs associated with withstanding judicial harassment and complying with requirements imposed by the NGO law.